Baby (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment visa. The applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the applicant met the requirements of cl.602.213 of the Migration Regulations.

The primary legal issue was whether the applicant satisfied the criteria for the Subclass 602 visa, specifically cl.602.213, which applies to applicants in Australia who do not hold a substantive temporary visa. This clause requires the applicant to meet certain additional requirements, including the Schedule 3 criteria, if they do not hold a substantive temporary visa and are not medically unfit to depart Australia.

The Tribunal found that the applicant did not hold a substantive temporary visa at the time of application and did not meet the exception under cl.602.212(6). Consequently, the applicant was required to satisfy Schedule 3 criteria, including criterion 3001. Criterion 3001 mandates that the visa application must be lodged within 28 days of the "relevant day." The Tribunal determined that the applicant's last substantive visa expired on 28 October 2010, and the application for the Medical Treatment visa was lodged on 1 November 2016. As this application was lodged significantly outside the 28-day timeframe, the applicant failed to satisfy criterion 3001. The Tribunal concluded that it was unnecessary to consider the remaining Schedule 3 criteria.

The Tribunal affirmed the decision not to grant the applicant a Medical Treatment (Visitor) (Class UB) visa.