Introduction
The refusal of an Australian Medical Treatment Visa Subclass 602 can be a deeply distressing experience, particularly when access to essential healthcare is at stake. This temporary visa is designed for individuals who need to come to Australia for medical treatment. However, a visa application may be refused due to the Australian government’s strict requirements, which are in place to protect public health and manage healthcare resources for the Australian community.
However, a visa refusal is not necessarily the outcome, as formal appeal pathways provide a critical opportunity to challenge the decision. This guide provides a comprehensive overview of the appeal process, outlining the options available after a visa rejection and explaining the steps required to navigate this complex journey successfully.
Understanding Common Reasons for a Subclass 602 Visa Refusal
Failing the Health Requirement: Public Health Costs & Risks
A primary reason for a Medical Treatment Visa refusal is failing to meet Australia’s strict health requirement. The visa application is assessed under Public Interest Criterion (PIC) 4005, which does not permit a health waiver. This means if you do not meet the health criteria, the visa cannot be granted.
The Australian government aims to protect the community and manage healthcare resources, leading to refusals based on several key health grounds:
| Health Ground | Description |
|---|---|
| Significant Cost | The applicant’s medical condition is assessed as likely to result in a significant cost to the Australian community, currently defined as exceeding a threshold of approximately $86,000. |
| Prejudice to Access | The applicant’s treatment requires health care or community services that are in short supply, potentially prejudicing access for an Australian citizen or permanent resident. |
| Threat to Public Health | The applicant has a disease or medical condition, such as active tuberculosis, that is considered a threat to public health in Australia. |
Insufficient Financial Capacity & Inadequate Treatment Arrangements
Beyond the hypothetical cost to the public health system, your visa application may be refused if you cannot prove you have enough money to cover your actual expenses. You must demonstrate the financial capacity to pay for your travel, medical treatment, and living costs for the duration of your stay in Australia.
A visa may be refused if there is insufficient evidence of your ability to fund your visit. Common issues include:
| Issue | Description |
|---|---|
| Lack of Funds | Failing to provide adequate proof of funds, such as bank statements or financial guarantees, to cover all anticipated costs of travel, treatment, and living expenses. |
| Inadequate Treatment Arrangements | Not providing sufficient evidence of confirmed medical appointments or formal acceptance from an Australian hospital or doctor, including pre-arranged payment plans. |
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Appealing Your Visa Refusal to the ART
The ART Merits Review Process
If your Subclass 602 visa application is refused while you are in Australia, you generally have the right to appeal to the Administrative Review Tribunal (ART). The ART, which replaced the Administrative Appeals Tribunal (AAT) in October 2024, is an independent body that conducts a “merits review” of the Department of Home Affairs’ decision.
A merits review is a key part of navigating the Administrative Review Tribunal process, as the ART takes a fresh look at your case, considering all the facts, laws, and policies related to your visa application. Unlike a court process that only looks for legal errors, the ART steps into the shoes of the original decision-maker to determine the correct and preferable outcome.
One significant advantage of this process is the ability to present new evidence that was not included in your initial application. This allows you to:
- Strengthen your case
- Directly address the specific reasons for the refusal
- Provide additional documentation that supports your eligibility
Strict Deadlines & Fees for Lodging an ART Appeal
Acting quickly after receiving a refusal is critical, as strict and mainly non-extendable time limits apply for lodging an appeal with the ART. Your refusal letter will specify the exact deadline, which varies based on your circumstances.
Common timeframes for lodging an appeal include:
| Timeframe | Applicable Circumstance |
|---|---|
| 21 to 28 days | For most onshore visa refusals where the applicant is not in immigration detention. |
| 9 days | For visa refusals made on character grounds. |
| 7 working days | For applicants who are in immigration detention at the time of the refusal. |
When lodging your appeal, you must also pay an application fee. The standard fee for a migration review is approximately $3,580. However, there are financial considerations to keep in mind:
- You may be eligible for a 50% fee reduction if you can demonstrate severe financial hardship
- If your appeal is successful, 50% of the application fee is typically refunded
Key Outcomes of an ART Review
After reviewing your case, the ART will decide, which can result in one of several outcomes. The tribunal has the power to either agree with the Department’s decision or change it.
The possible decisions from the ART include:
| ART Decision | Description |
|---|---|
| Affirm | The tribunal agrees with the Department of Home Affairs’ decision to refuse the visa, and the original decision is upheld. |
| Vary | The tribunal alters the original decision in some way. |
| Set aside | The ART overturns the Department’s decision and substitutes it with a new, more favourable one. |
| Remit | The case is sent back to the Department of Home Affairs for reconsideration, often with specific instructions from the tribunal. |
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Other Pathways Following a Visa Refusal
Seeking a Judicial Review for Legal Errors
If an appeal to the ART is unsuccessful, you may have the option to seek a judicial review. This process is fundamentally different from the ART’s merits review, raising the question whether one should pursue an ART of merits review or judicial review after a visa refusal. Instead, a judicial review, conducted in the Federal Circuit and Family Court or the Federal Court of Australia, is limited to identifying whether the ART made a legal or procedural error.
A judicial review focuses on what is known as a “jurisdictional error.” Such an error may have occurred if the tribunal:
| Type of Jurisdictional Error | Description |
|---|---|
| Legal Interpretation | The tribunal incorrectly interpreted or applied migration law. |
| Procedural Fairness | The tribunal failed to provide procedural fairness to the applicant during the hearing process. |
| Consideration of Information | The tribunal did not consider relevant information or improperly considered irrelevant factors. |
| Legal Irrationality | The decision made by the tribunal was legally irrational or illogical. |
Strict time limits apply for this process. An application for judicial review must typically be filed within 35 days of the ART’s decision. This pathway is a complex and costly legal process that requires specialised legal representation.
Requesting Ministerial Intervention in Exceptional Circumstances
Ministerial intervention is a final, last-resort option available only after all other legal avenues, including ART and judicial reviews, have been exhausted. This is not a standard appeal, but a discretionary power held by the Minister for Immigration to grant a visa if they believe it is in the public interest.
The Minister is not legally obligated to consider any request for intervention, and very few requests are successful. Following new Ministerial Instructions issued in September 2025, this pathway is no longer assessed against broad “compelling and compassionate circumstances.” Instead, a request will only be referred to the Minister if it meets one of the strict, objective criteria outlined in the new guidelines.
A request must be made in writing and provide evidence that the case meets the new threshold for referral. The following is a summary of the types of criteria that may be considered for referral:
- The individual is the parent of a minor Australian citizen or permanent resident child.
- The individual possesses skills in a relevant skilled occupation and is currently employed in that field.
- The individual previously held a Subclass 188 visa and now meets the residency requirements for a Subclass 888 visa.
- The individual first entered Australia as a minor, has lived in Australia for at least half of their life, and a Commonwealth medical officer has assessed that their health would be adversely affected by returning to their home country.
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Conclusion
A refusal of a Medical Treatment Visa Subclass 602, often due to strict health or financial criteria, can be challenged through several formal pathways. While the primary option is a merits review at the ART, more limited avenues like judicial review and ministerial intervention exist for specific circumstances.
Navigating this complex process requires timely and informed action to protect your rights and explore every available option. For specialised legal representation and tailored strategies, contact our experienced medical visa refusal lawyers at Moya Migration Law in Adelaide today to secure your best possible outcome.
