Cavalida (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa, lodged by an applicant who was in Australia at the time of application. The dispute before the Tribunal was whether the applicant met the requirements of Schedule 3, criterion 3001, as stipulated by clause 602.213 of the Migration Regulations. The applicant did not hold a substantive temporary visa at the time of application and did not meet the requirements of clause 602.212(6).

The primary legal issue before the Tribunal was to determine if the applicant satisfied Schedule 3, criterion 3001, which requires a visa application to be lodged within 28 days of the "relevant day". The Tribunal was required to identify the "relevant day" based on the applicant's visa history and then ascertain whether the application was lodged within the prescribed timeframe.

The Tribunal found that the applicant's last substantive visa, a Subclass UK 820 Partner visa, ceased on 13 January 2017. This date was determined to be the "relevant day" for the purposes of criterion 3001. The application for the Medical Treatment visa was lodged on 6 March 2017. As this date was more than 28 days after the relevant day, the Tribunal concluded that the applicant failed to satisfy criterion 3001. Consequently, the Tribunal did not consider it necessary to assess the remaining Schedule 3 criteria.

The Tribunal affirmed the decision not to grant the applicant a Medical Treatment (Visitor) (Class UB) visa, finding that the applicant did not meet the requirements for the grant of the visa due to the failure to satisfy Schedule 3, criterion 3001.