Candelario (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa, reviewed by the Tribunal. The applicant had previously held a Student visa which expired on 15 March 2014. The application for the Medical Treatment visa was lodged on 6 March 2017. The Tribunal was required to determine whether the applicant met the requirements of clause 602.213 of the Migration Regulations 1994.

The central legal issue was whether the applicant satisfied clause 602.213, which applies to applicants in Australia who do not hold a substantive visa at the time of application and do not meet the criteria in clause 602.212(6). In such circumstances, the applicant must satisfy Schedule 3 criteria, including criterion 3001. Criterion 3001 requires that the visa application be lodged within 28 days of the "relevant day," which is defined by clause 3001(2).

The Tribunal reasoned that the applicant's last substantive visa, a Student visa, expired on 15 March 2014, making this the "relevant day" for the purposes of criterion 3001. As the application for the Medical Treatment visa was lodged on 6 March 2017, it was made significantly outside the 28-day timeframe stipulated by criterion 3001. Consequently, the applicant failed to satisfy criterion 3001, and therefore could not satisfy clause 602.213. The Tribunal concluded that the applicant did not meet the requirements for the grant of the visa.

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