Singh (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, Subclass 602, made by an Indian citizen who was in Australia at the time of application. The applicant sought to remain in Australia for medical treatment following a car accident. The primary issue before the Tribunal was whether the applicant met the requirements of Criterion 3001 of Schedule 3 of the Migration Regulations.

The Tribunal was required to determine if the applicant satisfied Clause 602.213 of the Regulations, which applies to applicants in Australia who do not hold a substantive visa at the time of application. This clause necessitates meeting certain additional requirements, including the Schedule 3 criteria, if the applicant is medically fit to depart Australia and their last substantive visa was not a Subclass 426 or 403 visa. Specifically, the Tribunal had to ascertain whether the applicant met Criterion 3001, which mandates that a visa application be lodged within 28 days of the "relevant day."

The Tribunal found that the applicant did not hold a substantive visa at the time of his application on 3 April 2017. His last substantive visa had ceased on 15 March 2011. Applying the definition of the "relevant day" under Clause 3001(2)(c)(iii), which refers to the last day an applicant held a substantive visa, the Tribunal determined that the applicant's relevant day was 15 March 2011. As the application was lodged significantly more than 28 days after this date, the applicant failed to satisfy Criterion 3001 and consequently Clause 602.213.

Therefore, the Tribunal affirmed the decision not to grant the applicant a Medical Treatment (Visitor) (Class UB) visa, Subclass 602, as he did not meet the prescribed requirements for the grant of the visa.