SINGH (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, Subclass 602, lodged by an applicant who was in Australia at the time of application. The Administrative Appeals Tribunal (AAT) was required to determine 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 specific exception in clause 602.212(6).

The central legal issue before the Tribunal was whether the applicant had satisfied Schedule 3, criterion 3001, which requires that an application for a visa be lodged within 28 days of the "relevant day." The Tribunal had to ascertain the "relevant day" as defined in subclause 3001(2) of the Migration Regulations, considering the applicant's visa history.

The Tribunal reasoned that the applicant's last substantive visa expired on 16 July 2006, as indicated by the Department's decision record. Under clause 3001(2)(c), the "relevant day" for an applicant who ceased to hold a substantive visa after 1 September 1994 is the last day they held such a visa. As the visa application was not made within 28 days of 16 July 2006, the Tribunal found that the applicant failed to satisfy criterion 3001. Consequently, the Tribunal did not consider it necessary to assess the remaining Schedule 3 criteria.

The Tribunal affirmed the decision not to grant the applicant a Medical Treatment (Visitor) (Class UB) visa, Subclass 602, on the basis that the applicant did not meet the requirements of clause 602.213 due to failing to satisfy Schedule 3, criterion 3001.