CHHANTYAL (Migration)

The Administrative Appeals Tribunal, constituted by Mara Moustafine, considered an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The applicant sought review of a decision not to grant this visa.

The primary legal issue before the Tribunal was whether the applicant met the prescribed criteria for the grant of the visa, specifically concerning their location at the time of the decision. Clause 602.411 of the Migration Regulations was central to this determination, requiring an applicant to be in Australia at the time the visa is granted if they were in Australia when they applied.

The Tribunal found that the applicant had departed Australia on 30 June 2024 and remained outside the country. As the applicant did not hold a visa granting a right to return to Australia and was not physically present in Australia at the time of the decision, the Tribunal concluded that the criterion in cl.602.411 was not met. Consequently, the Tribunal determined it was unnecessary to consider the substantive merits of the applicant's case for the visa.

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