horrell (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa. The applicant sought to review a decision by the Department not to grant the visa. The primary issue 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. This clause applies to applicants who are in Australia at the time of application and do not hold a substantive temporary visa, or if they do, they must meet specific additional criteria.

The Tribunal was required to determine if the applicant satisfied Schedule 3 criterion 3001, which mandates that a visa application must be lodged within 28 days of the "relevant day." The definition of the "relevant day" is crucial and depends on the applicant's visa history. In this instance, 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 13 March 2017.

The Tribunal found that the "relevant day" for the applicant was 13 January 2017, being the date her last substantive visa ceased. As the visa application was lodged on 13 March 2017, it was not made within the 28-day timeframe required by criterion 3001. Consequently, the applicant failed to satisfy this criterion. The Tribunal concluded that it was unnecessary to consider the remaining Schedule 3 criteria (3003, 3004, and 3005) given the failure to meet criterion 3001. The Tribunal affirmed the decision not to grant the visa.