Li (Migration)

This matter concerned an application for review by a person seeking a Subclass 602 Medical Treatment (Visitor) visa. The applicant had not attended a scheduled hearing before the Tribunal, despite receiving multiple reminders. The Tribunal proceeded to make a decision on the available material.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 602 visa, specifically Clause 602.213. This clause applies to applicants who were in Australia when they made their application and requires them to have held a specified substantive temporary visa, or, if not, to meet certain additional requirements including Schedule 3 criteria.

The Tribunal found that the applicant's last substantive visa had ceased on 15 March 2008, and the current application was made on 4 October 2016. As the applicant did not hold a substantive temporary visa at the time of application and did not meet the criteria under Clause 602.212(6), the Tribunal determined that the applicant was required to satisfy Schedule 3 criteria 3001, 3003, 3004, and 3005. The Tribunal concluded that the applicant did not meet criterion 3001, as the application was made significantly outside the prescribed timeframes for validity.

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa.