SINGH (Migration)

This matter concerned an applicant for a Subclass 602 Medical Treatment (Visitor) visa. The applicant sought to remain in Australia temporarily for medical treatment. The primary issue before the Tribunal was whether the applicant satisfied the requirements of Schedule 3, criterion 3001, as applied by clause 602.213 of the Migration Regulations. The applicant did not hold a substantive temporary visa at the time of application and did not meet the exception under cl.602.212(6).

The legal issue for determination was whether the applicant's application for the visa was lodged within the prescribed timeframe under Schedule 3, criterion 3001. This criterion requires that an application be made within 28 days of the "relevant day," which is defined by reference to the last day the applicant held a substantive visa or the day they last entered Australia unlawfully, whichever is later. The applicant's last substantive visa expired on 3 December 2013, and the application was not made within 28 days of this date.

The Tribunal reasoned that because the applicant failed to satisfy criterion 3001, it was unnecessary to consider the remaining Schedule 3 criteria. The Tribunal found that the applicant did not meet the requirements of cl.602.213, and therefore did not meet the requirements for the grant of the visa. Consequently, the Tribunal affirmed the decision not to grant the applicant a Medical Treatment (Visitor) (Class UB) visa.