1608064 (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa lodged by Mr Chaudhari. Mr Chaudhari had lodged his application on 16 May 2016, at which time he did not hold a substantive visa, his last substantive visa having ceased on 30 August 2012. The dispute before the Tribunal was whether Mr Chaudhari met the criteria for the grant of the visa, particularly in light of his failure to hold a substantive visa at the time of application and the significant delay in lodging the application after his last substantive visa expired.

The primary legal issue before the Tribunal was whether Mr Chaudhari satisfied criterion 3001 of Schedule 3 to the Migration Regulations 1994. This criterion requires that an application for a visa be lodged within 28 days of the "relevant day," which, in Mr Chaudhari's circumstances, was the date his last substantive visa ceased. The Tribunal also considered the applicability of clause 602.213 of Schedule 2 to the Regulations, which sets out the requirements for applicants who do not hold a substantive visa at the time of application.

The Tribunal reasoned that for criterion 3001 to be met, the application must have been lodged within 28 days of the relevant day. The relevant day was established as 30 August 2012, the date Mr Chaudhari's last substantive visa expired. As Mr Chaudhari lodged his application on 16 May 2016, which was significantly more than 28 days after his visa ceased, he failed to satisfy criterion 3001. Consequently, the Tribunal found that Mr Chaudhari did not meet the requirements for the grant of the visa.

The Tribunal affirmed the decision not to grant Mr Chaudhari a Subclass 602 Medical Treatment (Visitor) visa.