Proving your Subclass 602 category: what the Regulations require in 2026

A Subclass 602 (Medical Treatment) application is won or lost on one question: which of the seven categories in clause 602.212(2)–(8) of the Migration Regulations 1994 you actually satisfy, and whether your documents prove each element of that category. Under clause 602.211 you must also be seeking to visit, or remain temporarily in, Australia for medical treatment or related purposes, and every criterion has to be met at the time of decision. The situations listed on the Department of Home Affairs "Medical Treatment visa (Subclass 602)" page mirror several of these categories, but that page does not set out the financial hardship (602.212(7)) or compelling personal reasons (602.212(8)) categories, so your first drafting job is to name the category and then prove its elements one by one. What follows is general information only, not advice tailored to your circumstances — check the current legislative text and the Department's page, or get help from a registered professional, before you lodge.

What do you have to prove before the category even matters?

Clause 602.211 sets the purpose: you seek to visit Australia, or remain in Australia temporarily, for medical treatment or for related purposes. Clause 602.212 then requires that you meet one of sub-clauses (2) to (8). The Regulations do not let you average across categories — meeting half of (2) and half of (6) proves neither.

Several criteria then sit outside the category list and apply to almost everyone: clause 602.213 (the Subclass 403 bar for onshore applicants), 602.218 (Public Interest Criteria 4020 and 4021 on bogus documents and identity), 602.219 (PIC 4012, 4017 and 4018 for applicants under 18), 602.219A (special return criteria 5001, 5002 and 5010), and 602.219B, which does not apply to categories (6), (7) or (8), and which says an onshore application must not have as its purpose starting, continuing or finishing study or training, and that a stay of more than 12 months as a multiple-visit holder needs compelling reasons or special circumstances.

What are the seven categories, and where does each one usually fail?

Category	Core elements you must prove	Common proof gap
602.212(2) Medical treatment	Seeking treatment (not surrogacy); treatment arrangements concluded; if it is a transplant, the donor accompanies you or arrangements are already made in Australia; no disease or condition that threatens public health; payment arrangements concluded; no cost to an Australian government or public authority	No written confirmation from the hospital that treatment is approved and that all costs are covered
602.212(3) Organ donation	You donate an organ; the recipient meets the treatment requirements; PIC 4005; payment arrangements concluded	Donor assessed as if only the treatment applicant's lighter health test applied
602.212(4) Support person	You give emotional and other support to a (2) or (3) applicant; that person holds the relevant visa; PIC 4005	Applying without evidence that the person being supported actually holds or has been granted the visa
602.212(5) PNG Western Province	PNG citizen residing in the Western Province; medical evacuation approved by the Queensland Department of Health	No Queensland Health approval letter to match the residency evidence
602.212(6) Unfit to depart	In Australia; aged 50 or over; applied for a permanent visa; met all criteria except the health criterion; refused; unfit to depart because of a permanent or deteriorating disease or condition, shown by a Medical Officer of the Commonwealth (MOC) opinion	MOC material that does not address permanence or deterioration, or that does not link the condition to inability to travel
602.212(7) Financial hardship	Meets one of (2)(a)–(c), (3)(a)–(b), (4)(a)–(b), (5) or (6)(a)–(e); in Australia; holds a 602, 675 or 685 visa; hardship from changed circumstances after entry; you or an immediate family member likely to become a public burden; unable to depart for reasons beyond your control; compelling personal reasons to work; PIC 4005	Hardship traced to circumstances that existed before entry, not to a change after entry
602.212(8) Compelling personal reasons	Meets one of the same list as (7); in Australia; compelling personal reasons for the stay; PIC 4005 other than 4005(1)(c)	A personal preference or convenience presented as a compelling reason with no supporting documents

Departmental policy guidance adds that "medical treatment" covers any medical procedure — examinations, surgery, consultations, IVF and egg donation — regardless of whether it is available at home or is life-saving, but excludes alternative therapies such as homeopathy and excludes surrogacy. That is departmental policy guidance rather than a statutory definition, so the text of clause 602.212 published on the Federal Register of Legislation remains the starting point.

What does "arrangements have been concluded" actually mean?

For a treatment application under 602.212(2), two separate arrangements must be finished, and they are the most frequent refusal point. First, the treatment itself: the Department's page states that in most circumstances you must pre-arrange payment of your medical costs, and that you show this with written proof from a public or private hospital confirming it has approved your treatment and the arrangements to pay all the costs. Second, the money generally: the page says you might not be eligible if you do not have, or have access to, adequate means to support yourself, covering travel to Australia, the medical treatment, other expenses of the stay, and the expenses of anyone coming with you, including an organ donor's expenses.

Policy guidance describes funding evidence as recent bank statements, payslips, property evidence or a confirmed letter of support from family or friends, and treats support from a charitable organisation as strong evidence. Treat the list as indicative only; the clause requires adequate means, not a particular set of documents.

What extra health and fairness tests apply to donors and support persons?

Organ donors under (3) and support persons under (4) must meet PIC 4005, the full health standard, rather than the narrower public-health test that applies to a treatment applicant. Policy guidance describes the treatment applicant's health assessment as an active tuberculosis risk screen, with a health examination required for applicants from higher-risk countries, while donors and support persons are assessed against PIC 4005.

Clause 602.214 adds a limit that catches transplant and dialysis cases specifically: the grant must not result in Australian citizens or permanent residents being disadvantaged in accessing medical treatment. Policy guidance treats organ transplantation and dialysis as scarce services and advises seeking an informal MOC view before deciding, or granting a short stay for consultation first and leaving further treatment to a later application. The practical consequence for a support person is also procedural: the Department states it must grant the treatment or donor applicant's visa first, although applications can be processed together.

What makes the "unfit to depart" category (6) structurally different?

Category (6) is the only one that switches off clauses 602.214, 602.215 and 602.216, while 602.217 and 602.219B are switched off for (6), (7) and (8). So for (6): no genuine temporary stay test, no adequate-means test, no disadvantage-to-residents test, and no PIC 4005 health test. The Department's page reflects the temporary-stay carve-out directly — an intention to stay temporarily does not apply if you are in Australia, aged 50 or older, have been refused a permanent visa for not meeting the health requirement, and are unfit to depart.

What replaces those tests is a heavier evidentiary burden on the condition itself: unfitness to depart must flow from a permanent or deteriorating disease or condition, and a MOC must put that in writing. Policy guidance refers to the MOC opinion being obtained through the departmental medical assessment process. The category is also the gateway for family members: clause 602.311 allows secondary applicants only as family members of a person who meets 602.212(6), or of a 685 visa holder who meets 685.221(4).

When do financial hardship (7) and compelling personal reasons (8) actually apply?

Both are onshore-only, both borrow their base from another category, and both exist for people whose situation changed while they were already here. Under (7) you must already hold a 602, 675 or 685 visa, show that the hardship arose from changed circumstances after you entered, show that you or an immediate family member is likely to become a public burden, show you cannot depart for reasons beyond your control, and show compelling personal reasons for working. It is the category that can carry work rights; the Department's page notes you generally cannot work on this visa except in limited circumstances.

Under (8) there is no work-rights element and no requirement to hold a particular visa first, but you must still meet one of the listed base categories and show compelling personal reasons for the stay, with PIC 4005 applying except for 4005(1)(c). Policy guidance notes that there is no targeted policy definition of "compelling personal reasons" for (8), which is precisely why the evidentiary record — what changed, when, and why it cannot be resolved by departing — carries the case.

What else has to be true no matter which category you claim?

The 403 bar. The Department's page states that if you are in Australia you must not hold a Temporary Work (International Relations) visa (subclass 403) granted in the Domestic Worker (Diplomatic or Consular) stream, and that must not have been the last substantive visa you held. Clause 602.213 carries the same limitation, with a single exception: applicants aged 50 or over assessed as unfit to depart after being refused a permanent visa on health grounds.
Public health. You must not have a medical condition that could be a threat to public health or endanger the Australian community.
Character and integrity. The health and character requirements on the Department's page apply, and clause 602.218 applies PIC 4020 and 4021 to everyone; guidance warns that false or misleading material can lead to refusal and a multi-year exclusion period.
Debts to the Australian Government. In most cases you must have repaid them or have a formal arrangement to repay.
Age. You can be of any age; the 50-year threshold is specific to category (6).
Length and conditions. Stay is decided case by case, with your treatment plan among the factors. You cannot extend this visa — for more time you need a new application. Study is allowed for up to three months unless you meet the exemption criteria, and you are personally liable for your healthcare costs, which is why the Department recommends health insurance.
Cost. The visa is free if you apply outside Australia; a charge applies if you apply in Australia, with concessions in limited circumstances and no charge if you represent a foreign government. From 1 July 2026 a lower visa cost applies to eligible citizens of listed Pacific Island countries and Timor-Leste who lodge a valid application using a valid passport from those countries. The Department's page directs applicants to the Visa Pricing Estimator for a figure; health checks, police certificates and biometrics are additional.

Procedurally, departmental policy guidance describes applications as lodged online through ImmiAccount or, with authorisation, on paper, and notes that an applicant without a substantive visa is expected to provide a completed medical-intentions form, that "no further stay" conditions (8503, 8534, 8535, 8540) must be waived before a valid onshore application can be made, and that the section 48 bar does not apply to this visa, so a refused onshore applicant can lodge again. Figures and current operation should be read from the Department's "Medical Treatment visa (Subclass 602)" page, which reflects how the visa operates now.

Frequently Asked Questions

Do I have to pick one category, or can the Department consider all of them? You must satisfy one of sub-clauses 602.212(2) to (8), and each has its own elements. In practice the strongest applications name the category in the submission and then map each piece of evidence to a specific element, rather than filing a general medical story and leaving the category to be inferred.

What is the most common reason a treatment application under 602.212(2) fails? Incomplete arrangements: either the treatment itself is not confirmed in writing by an Australian hospital, or the payment arrangements are not shown to cover all costs so that no Australian government or public authority bears them. Both are express elements of the clause, not optional supporting material.

Does an organ donor need the same health assessment as the person receiving treatment? No. A treatment applicant under (2) is tested against the public-health threat limb, while a donor under (3) and a support person under (4) must meet PIC 4005, the full health standard. Mixing the two standards is a recurring reason for delay and refusal.

Can family members be included in a Subclass 602 application? Only in narrow circumstances. Clause 602.311 limits secondary applicants to family members of a person who meets 602.212(6), or of a 685 visa holder who meets 685.221(4). A support person is different: they make their own application, and the Department must grant the treatment or donor visa first, although the applications can be processed together.

I was refused a permanent visa on health grounds and am over 50. Does that guarantee a 602 grant? No. Category (6) requires that you are in Australia, aged 50 or older, were refused a permanent visa on health grounds only, and are unfit to depart because of a permanent or deteriorating disease or condition shown by a MOC opinion. The MOC evidence is the decisive element, and it must link the condition to your inability to travel.

Can I stay longer on a 602 if my treatment runs past my visa? No. The Department's page states you cannot extend this visa; if you need more time you must apply for another visa. Stay periods are set case by case with your treatment plan among the factors considered, so an initial application should reflect the realistic treatment timeline.