cavalida (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa. The applicant sought to remain in Australia temporarily for medical treatment. The central issue before the Tribunal was whether the applicant satisfied 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). Therefore, the applicant was required to satisfy Schedule 3 criteria 3001, 3003, 3004, and 3005.

The Tribunal was required to determine if the applicant met criterion 3001, which mandates that a visa application must be lodged within 28 days of the "relevant day." The "relevant day" is defined by clause 3001(2) of Schedule 3. In this case, the applicant's last substantive visa, a Subclass UK 820 Partner visa, ceased on 13 January 2017. The application for the Medical Treatment visa was lodged on 6 March 2017.

The Tribunal found that the relevant day was 13 January 2017, as this was the date the applicant's last substantive visa ceased. As the visa application was lodged on 6 March 2017, it was not made within the 28-day timeframe stipulated by criterion 3001. Consequently, the applicant failed to satisfy criterion 3001. The Tribunal concluded that it was unnecessary to consider the remaining Schedule 3 criteria (3003, 3004, and 3005) given this failure. The Tribunal affirmed the decision not to grant the applicant a Medical Treatment (Visitor) (Class UB) visa.