WANG (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 602 Medical Treatment (Visitor) (Class UB) visa. The applicant sought to remain in Australia temporarily for medical treatment. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 602.213 of the Migration Regulations.

The primary legal issues before the Tribunal were whether the applicant held a substantive temporary visa at the time of application, whether she met the requirements of clause 602.212(6), and if not, whether she satisfied the Schedule 3 criteria, specifically criterion 3001. The applicant had lodged her application on 23 May 2017, and her last substantive visa, a Subclass 457 visa, had ceased on 22 November 2010.

The Tribunal found that the applicant was in Australia at the time of application but did not hold a substantive temporary visa. It also determined that the applicant did not meet the requirements of clause 602.212(6) as she was under 50 years of age. Consequently, the applicant was required to satisfy the Schedule 3 criteria. The Tribunal found that criterion 3001 was not met because the application was lodged significantly outside the 28-day period following the cessation of her last substantive visa.

As the applicant failed to meet the essential criteria for the visa, the Tribunal affirmed the decision under review. The applicant was therefore not granted the Medical Treatment (Visitor) (Class UB) visa.