What are the requirements for someone deemed 'unfit to depart' Australia?
In Plain English
If someone in Australia has turned 50, has applied for a permanent visa, appears to meet all requirements except those related to health, has been refused the visa, and is medically unfit to leave Australia due to a permanent or worsening health condition (confirmed by a Commonwealth Medical Officer), they may be considered "unfit to depart" according to the Migration Regulations 1994.
Detailed Explanation
According to subclause 602.212(6) of the Migration Regulations 1994, the requirements for an applicant to be considered "unfit to depart" are: * The applicant is currently in Australia. * The applicant is 50 years of age or older. * The applicant has applied for a permanent visa while in Australia. * The applicant appears to meet all the criteria for the grant of that permanent visa, except for the public interest criteria related to health. * The applicant's permanent visa application has been refused. * The applicant is medically unfit to depart Australia because of a permanent or deteriorating disease or health condition. This must be evidenced by a written statement from a Medical Officer of the Commonwealth.