Suo (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 602 Medical Treatment visa made by an applicant who was in Australia. The applicant sought to remain in Australia for medical treatment but did not hold a substantive visa at the time of application.

The Tribunal was required to determine whether the applicant met the criteria for the grant of the visa, specifically cl.602.212 and cl.602.213 of the Migration Regulations 1994. This involved assessing whether the applicant was medically unfit to depart Australia, and if not, whether the applicant met the Schedule 3 criteria, including the requirement to apply within 28 days of their last substantive visa ceasing.

The Tribunal found that the applicant did not meet the criteria under cl.602.212(6) as they had not turned 50 years of age and there was no evidence from a Medical Officer of the Commonwealth certifying unfitness to depart. Consequently, the applicant was required to satisfy the Schedule 3 criteria under cl.602.213. The Tribunal noted that the applicant did not attend a scheduled hearing and had not responded to tribunal communications. Crucially, the Tribunal determined that the applicant had not lodged the application within 28 days of their last substantive visa ceasing, failing to meet criterion 3001 of Schedule 3.

As the applicant failed to satisfy the essential criteria for the visa, the Tribunal affirmed the decision not to grant the visa.