El Ghoul (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) (Class UB) visa. The applicant, who had previously had a Student (Temporary) (class TU) Higher Education Sector (subclass 573) visa cancelled in 2014, applied for the Medical Treatment visa in 2018. The delegate refused to grant the visa, finding the applicant did not satisfy PIC 4013. The applicant sought review of this decision before the Tribunal.

The Tribunal was required to determine two key issues: first, whether the applicant met the requirements of PIC 4013, and second, whether the applicant satisfied clause 602.411 of the Regulations. PIC 4013 relates to circumstances following a visa cancellation, while clause 602.411 specifies that if an applicant is in Australia at the time of application for a Medical Treatment visa, they must also be in Australia at the time of grant.

The Tribunal found that the applicant did meet PIC 4013, as more than three years had passed between the cancellation of his previous visa and his application for the Medical Treatment visa. However, the Tribunal determined that the applicant did not satisfy clause 602.411. Departmental records and the applicant's own confirmation indicated he had departed Australia on 20 February 2020 and was participating in the Tribunal hearing from Lebanon. As the applicant was not in Australia at the time of the decision, he could not meet the requirement of being in Australia at the time of grant.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant the visa, as he failed to satisfy a necessary criterion for its grant.