Hussain (Migration)

This matter concerned an application for review of a decision by the delegate of the Minister to refuse a Subclass 602 (Medical Treatment) visa. The applicant, Mr Hussain, sought to remain in Australia temporarily for medical treatment. The Administrative Appeals Tribunal (the Tribunal) affirmed the delegate's decision.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria set out in clause 602.213 of the Migration Regulations 1994. This clause applies to applicants who were in Australia when they lodged their visa application and requires them to have held a specified substantive temporary visa at that time, or, if they did not hold such a visa, to meet certain additional requirements, including not being medically unfit to depart Australia and meeting specific Schedule 3 criteria.

The Tribunal reasoned that the applicant did not satisfy clause 602.213 because he did not hold a substantive temporary visa at the time he lodged his application on 7 April 2017, his last substantive visa (Subclass VC-485) having ceased on 7 July 2016. Furthermore, the Tribunal found that the applicant failed to meet the additional requirements under clause 602.213(3), specifically clause 602.212(6)(b), which requires the applicant to have turned 50 years of age. As the applicant was born in 1986, he did not meet this age requirement.

Consequently, the Tribunal affirmed the delegate's decision to refuse the visa application.