Introduction
The Medical Treatment visa (subclass 602) allows individuals to come to or remain in Australia for essential medical treatment or consultations. For patients undergoing critical care, receiving a visa cancellation notice from the Department of Home Affairs is more than just an immigration issue; it can be a distressing event that threatens to disrupt ongoing, and often life-saving, medical treatment.
Understanding your legal rights is the first step toward protecting your health and your ability to stay in Australia. This guide provides essential information for patients facing a subclass 602 visa cancellation, outlining the common reasons for cancellation, the impact on your treatment, and the appeal pathways available to challenge the decision.
Common Reasons for Medical Visa Cancellation
Non-Compliance with Visa Conditions & Misuse
When the Department of Home Affairs grants a Subclass 602 visa, it includes specific conditions in the visa grant letter. Understanding and following these conditions is essential, as any breach can lead to visa cancellation. Using the visa for purposes other than medical treatment, such as tourism or unauthorised residency, is considered misuse and can also result in cancellation.
Common visa conditions attached to a Medical Treatment visa include:
| Visa Condition | Description |
|---|---|
| Condition 8101 (No Work) | Prohibits any form of work in Australia, whether paid or voluntary. Violation is grounds for cancellation. |
| Condition 8201 (Maximum 3 Months Study) | Permits study for up to three months; enrolling in a longer course without permission is a breach. |
| Condition 8503 (No Further Stay) | Prevents the holder from applying for most other visa types while remaining in Australia. |
| Overstaying Your Visa | Remaining in Australia after visa expiry without having applied for a new one is a serious breach. |
Providing False or Misleading Information
The Department of Home Affairs requires complete honesty and accuracy in all visa applications. Providing false or misleading information, or submitting bogus or fraudulent documents, is a serious offence that can result in the cancellation of your Subclass 602 visa. This can occur even if the visa has already been granted.
The Department has extensive resources to verify the information you provide. Examples of providing false or misleading information include:
- Submitting falsified medical documents or letters from healthcare providers
- Exaggerating your medical condition or the necessity of your treatment in Australia
- Providing inaccurate financial statements that suggest you have more funds than are actually available
- Failing to disclose important information, such as a previous visa refusal or a criminal history
Failing to Meet Character or Health Requirements
Your Medical Treatment visa may be cancelled if you fail to meet Australia’s character or health requirements, which may require you to appeal a visa cancellation on Section 501 character grounds at the ART. The character test is outlined in section 501 of the Migration Act 1958 (Cth), and failure to meet it can lead to a section 501 visa cancellation.
Your visa may be cancelled on character grounds if you:
- Have a substantial criminal record, which is generally defined as being sentenced to 12 months or more in prison
- Have been convicted of a sexual offence involving a child
- Have been convicted of a domestic violence offence
- Are considered by the Australian government to pose a risk to the community
Additionally, your visa can be cancelled if you are considered a risk to public health in Australia. This could happen if you develop a communicable disease like active tuberculosis, or if your condition poses a danger to the community.
A Change in Your Circumstances
A Subclass 602 visa can be cancelled if the circumstances under which it was granted no longer exist. This is often covered under the Migration Act 1958 (Cth) for a section 116 visa cancellation. The Department of Home Affairs may review your situation to ensure the original purpose of your stay in Australia for medical treatment remains valid.
For instance, if your medical treatment finishes earlier than anticipated or your medical circumstances change in a way that affects your need for treatment in Australia, the basis for holding the visa may cease to exist. Similarly, if you can no longer fund your treatment as you declared in your visa application, this material change in circumstances could also lead to the cancellation of your visa.
Critical Impacts of Visa Cancellation on Treatment
When the Department of Home Affairs cancels your Subclass 602 visa, it creates profound and immediate consequences that extend far beyond your immigration status. For patients in the middle of essential medical care, this decision can be devastating, creating significant uncertainty and stress at an already difficult time.
The cancellation of your visa triggers a series of serious impacts that can impact your health, legal status, and future in Australia. These consequences include:
| Impact / Consequence | Explanation |
|---|---|
| Disruption to Medical Treatment | Forces an interruption of vital healthcare (e.g., chemotherapy, dialysis), potentially leading to worsening health outcomes. |
| Becoming an Unlawful Non-Citizen | Upon cancellation, you immediately become an unlawful non-citizen and are legally required to depart Australia unless a Bridging Visa is sought. |
| Risk of Detention and Removal | As an unlawful non-citizen, you face the risk of immigration detention and subsequent removal from Australia, with costs potentially recovered from you. |
| Negative Immigration History | A cancellation creates a negative immigration record, posing significant challenges for future visa applications and potentially leading to a re-entry ban. |
| Financial and Emotional Hardship | The situation can cause immense emotional stress and significant financial burdens, including unpaid medical bills and unexpected departure costs. |
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Your Rights & Appeal Pathways After a Visa Cancellation
The Administrative Review Tribunal (ART) Merits Review
The primary pathway to challenge the cancellation of your subclass 602 visa is by seeking a merits review from the Administrative Review Tribunal (ART). This independent body re-examines your case afresh, considering all facts and circumstances to determine the correct and preferable decision. The ART is not bound by the Department of Home Affairs’ original decision and can consider new evidence you provide.
The process involves lodging an application within strict time limits, and it is helpful to follow a step-by-step guide to applying for an ART review. These deadlines can be very short, sometimes only nine days for character-related cancellations, so it is vital to act quickly.
The ART process includes:
| Step in ART Process | Description |
|---|---|
| Lodging an application | Must be completed within strict time limits specified in the cancellation notice. An application fee is required, with potential reductions for financial hardship. |
| Providing evidence | Allows for the submission of new information and documents, such as updated medical reports, to support the case against the cancellation. |
| Attending a hearing | You may be invited to attend a hearing to provide oral evidence, and it is important to understand the step-by-step Administrative Review Tribunal visa appeal hearing process. |
After reviewing your case, the ART can make one of four decisions:
| ART Decision | Outcome |
|---|---|
| Affirm | The Department’s original decision to cancel the visa is upheld and remains in effect. |
| Vary | The original decision is altered or modified by the Tribunal. |
| Set aside | The Department’s cancellation decision is reversed, and the visa is effectively reinstated. |
| Remit | The case is sent back to the Department of Home Affairs with instructions to reconsider, which typically results in a positive outcome for the applicant. |
Judicial Review at the Federal Court
If your appeal to the ART is unsuccessful, you may have a limited option to seek a judicial review in a federal court, such as the Federal Circuit and Family Court of Australia. This pathway is only available under restricted circumstances and is not another merits review.
The court does not re-examine the facts of your case or decide if a different outcome was preferable. Instead, a judicial review focuses strictly on whether the ART made a “jurisdictional error” or “legal error” in its decision-making process. This could include issues like procedural unfairness or misapplying the law.
Applications must be lodged within 35 days of the ART’s decision. This is a complex and costly legal process, and it is critical to obtain advice from an experienced immigration lawyer to assess your prospects.
Requesting Ministerial Intervention
As a final resort, after all other legal avenues have been exhausted, you can requestMinisterial Intervention in your case. This is not a formal appeal right but a discretionary power available to the Minister under the Migration Act 1958 (Cth).
The Minister is not obligated to consider your request. Following a High Court decision and new Ministerial Instructions issued in September 2025, this process is no longer based on subjective “unique and exceptional circumstances.” Instead, the Department will only refer a request to the Minister if it meets strict, objective criteria set out in the new guidelines.
To make a request, you must submit a detailed written submission with evidence showing how your case meets at least one of the specific referral criteria. For example, some of the grounds for referral include situations where the individual:
- Is the parent of a minor Australian citizen or permanent resident child.
- First entered Australia as a minor, has lived in Australia for at least 50% of their life, and a medical officer has assessed that their health would be adversely affected if they had to return.
Because this power is used rarely, it should be considered a last resort when no other options remain.
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A Step-by-Step Plan for Your Appeal
Act Immediately on the Cancellation Notice
Upon receiving a visa cancellation notice, it is crucial to act with urgency. The first step is to carefully review the decision letter from the Department of Home Affairs to understand:
- The specific reasons for the cancellation
- The legal grounds for the decision
This document is vital as it outlines the basis of your appeal.
The notice will also specify the strict time limits for lodging an appeal. These deadlines are enforced rigidly and can be very short, sometimes as little as seven to nine days, so it is essential to identify the exact date your review application is due.
Missing this deadline can result in forfeiting your right to have the decision reviewed.
Seek Experienced Legal Guidance
Engaging an experienced immigration lawyer or registered migration agent immediately is a critical step, and it’s important to understand the key differences between a migration agent & lawyer. Australian migration law is complex, and a legal professional can provide experienced advice on your prospects of success, navigate the intricate legal procedures, and help you develop a strong appeal strategy.
An experienced immigration lawyer can manage the entire process on your behalf. Their assistance often includes:
- Assessing the reasons for the visa cancellation and advising on the strongest grounds for appeal
- Preparing persuasive written submissions that address the Department’s concerns
- Guiding you in gathering the most effective evidence to support your case
- Representing you at the ART hearing to advocate on your behalf
Gathering Medical & Supporting Evidence
The foundation of a successful appeal for a medical treatment visa cancellation is compelling evidence. Your legal strategy will be built around documents that directly counter the reasons for the cancellation and highlight the humanitarian aspects of your case.
The most critical piece of evidence is a detailed medical report from your treating specialist in Australia. This report should clearly explain:
- Your diagnosis, current treatment plan, and the expected timeline for your care
- The clinical necessity of continuing your treatment in Australia
- The specific and serious harm that would result from an interruption or cessation of your treatment
- Why the required medical treatment may be unavailable or of a lower standard in your home country
Additional supporting evidence is also vital. This includes financial documents to prove you can cover your medical and living expenses, as well as any evidence that directly refutes the specific reasons for the cancellation of your visa.
Maintain Lawful Status with a Bridging Visa
When your subclass 602 visa is cancelled, you immediately become an unlawful non-citizen. This places you at risk of being placed in immigration detention and removed from Australia. To avoid this, you must take immediate action to regularise your status.
Applying for a Bridging Visa E (BVE) is a critical step that allows you to remain lawfully in Australia while your appeal is being processed. A BVE is a temporary visa that maintains your legal status until a final decision is made on your case. Securing this visa is essential to ensure you can continue with your medical treatment without the threat of detention or removal.
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Conclusion
Facing a cancellation of your Medical Treatment visa can be a distressing experience, especially when it disrupts critical healthcare. Understanding the reasons for the cancellation, from non-compliance with visa conditions to changes in your circumstances, and knowing your appeal rights through bodies like the ART are the first steps toward challenging the decision.
If you have received a cancellation notice for your subclass 602 visa, it is vital to act quickly and seek professional guidance. Contact Moya Migration Law’s experienced visa appeal lawyers today for a consultation to receive experienced legal advice and protect your right to continue your medical treatment in Australia.
