LIU (Migration)

The applicant, Ms. Liu, sought review of a decision by the Migration Review Tribunal (MRT) to affirm the refusal of her Medical Treatment (Visitor) (Class UB) visa, subclass 602. The primary dispute concerned whether her application for the visa was lodged within the timeframes prescribed by the Migration Regulations 1994, particularly in light of her visa status at the time of application.

The MRT was required to determine if Ms. Liu met the criteria for a subclass 602 visa, specifically whether she satisfied clause 602.212(6) relating to being medically unfit to depart Australia, or alternatively, clause 602.213 which requires holding a substantive temporary visa or meeting Schedule 3 criteria if not. A key issue within the Schedule 3 criteria was whether her application was lodged within 28 days of the "relevant day" as defined in clause 3001.

The Tribunal found that Ms. Liu did not meet the criteria under clause 602.212(6) because, although she had applied for a permanent visa in Australia and was over 50, she had not met the criteria for that permanent visa other than health criteria. Consequently, the Tribunal considered clause 602.213. As Ms. Liu did not hold a substantive temporary visa at the time of her application, she was required to meet the Schedule 3 criteria. The Tribunal determined that the "relevant day" for the purpose of clause 3001 was 28 August 1996, the date she last held a substantive visa. Her application for the subclass 602 visa was lodged on 27 June 2016, which was significantly outside the 28-day timeframe stipulated by clause 3001.

Accordingly, the Tribunal affirmed the decision not to grant Ms. Liu the Medical Treatment (Visitor) (Class UB) visa.