1708072 (Migration)

The applicant sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of their application for a Subclass 602 (Medical Treatment) visa. The applicant had applied for this visa more than 28 days after their last substantive visa ceased, and more than six months after that cessation. The applicant contended that their personal circumstances led to this delay in lodging the application.

The primary legal issue before the court was whether the AAT had erred in law in affirming the refusal of the visa application. Specifically, the court considered whether the AAT had failed to properly consider the applicant's personal circumstances in relation to the criteria for granting the visa, particularly concerning the timing of the application after the cessation of a previous substantive visa.

Justice Judd found that the AAT had correctly applied the relevant provisions of the *Migration Regulations 1994* (Cth). The AAT had considered the applicant's personal circumstances and determined that they did not satisfy the criteria for a waiver of the time limit for lodging the application. The AAT's reasoning demonstrated a proper understanding of the legislative requirements and the evidence before it.

The application for judicial review was dismissed.