SINGH (Migration)

This matter concerned an application for review of a decision by the Migration Review Tribunal to affirm the refusal of Mr Singh's application for a Subclass 602 (Medical Treatment) visa. Mr Singh applied for the visa while in Australia and did not hold a substantive visa at the time of application.

The Tribunal was required to determine whether Mr Singh met the requirements of cl.602.213 of the Migration Regulations 1994. This clause applies to applicants who are not medically unfit to depart Australia and who were in Australia at the time of application. If such an applicant does not hold a substantive visa at the time of application, they must satisfy the Schedule 3 criteria, including criterion 3001.

The Tribunal found that Mr Singh did not hold a substantive visa when he applied for the Medical Treatment visa, and his last substantive visa, a Student visa, ceased on 2 October 2011. The application for the Medical Treatment visa was lodged over four years later. To satisfy Schedule 3 criterion 3001, the application must be lodged within 28 days of the "relevant day," which is defined as the last day the applicant held a substantive visa. As Mr Singh's application was not lodged within this 28-day period, he failed to satisfy criterion 3001 and therefore did not meet the requirements of cl.602.213.

Consequently, the Tribunal affirmed the decision not to grant Mr Singh the Medical Treatment (Visitor) (Class UB) visa.