Botros (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, Subclass 602, made by Mr. Botros. The applicant sought to remain in Australia temporarily for medical treatment. The primary issue before the Tribunal was whether the applicant met the requirements of clause 602.213 of the Migration Regulations 1994.

The court was required to determine if the applicant satisfied the criteria for the Subclass 602 visa, specifically clause 602.213, which applies to applicants in Australia who do not hold a substantive visa at the time of application. This clause necessitates meeting Schedule 3 criteria, including criterion 3001, which requires the application to be lodged within 28 days of the "relevant day." The applicant also sought Ministerial Intervention under section 351 of the Migration Act 1958.

The Tribunal found that the applicant did not meet criterion 3001 because his application for the Medical Treatment visa was lodged on 14 February 2017, more than 28 days after his last substantive visa (UD-601) ceased on 8 January 2015. Consequently, the applicant failed to satisfy clause 602.213. The Tribunal noted that the applicant's circumstances, including a previous partner visa refusal due to a misunderstanding with a translator and a missed deadline for review, led to his current situation and his request for Ministerial Intervention. However, the Tribunal affirmed the decision not to grant the visa.