Iftikhar (Migration)

This matter concerned an application for review of a decision by the Administrative Appeals Tribunal (AAT) to affirm the refusal of a Subclass 602 (Medical Treatment) visa. The applicant, Mr. Iftikhar, sought to remain in Australia for medical treatment. The core of the dispute revolved around whether the applicant met the requirements of clause 602.213 of the Migration Regulations 1994, particularly in relation to Schedule 3 criteria.

The AAT was required to determine if the applicant satisfied clause 602.213, which outlines specific conditions for applicants who are in Australia at the time of their visa application. This clause differentiates between applicants holding a substantive temporary visa and those who do not. For applicants without a substantive temporary visa, additional requirements, including meeting Schedule 3 criteria, must be satisfied. The specific legal issues included whether the applicant held a substantive temporary visa at the time of application, whether he met the conditions under clause 602.212(6), and crucially, whether his application was lodged within 28 days of the "relevant day" as defined by Schedule 3 criterion 3001.

The Tribunal found that the applicant did not hold a substantive temporary visa when he lodged his application on 30 March 2017, as his last substantive visa, a Subclass FA-600, had ceased on 14 November 2013, and he held a bridging visa at the time. Furthermore, the applicant did not meet the conditions stipulated in clause 602.212(6). Consequently, the applicant was required to satisfy Schedule 3 criteria 3001, 3003, 3004, and 3005. The Tribunal noted that criterion 3001 requires the visa application to be lodged within 28 days of the "relevant day," a definition provided within the regulations. The applicant did not provide evidence to suggest he met any of these requirements.

The Tribunal affirmed the delegate's decision to refuse the visa. The applicant failed to satisfy clause 602.213, specifically criterion 3001 of Schedule 3, as his application was lodged significantly outside the 28-day timeframe from the cessation of his last substantive visa.