1602326 (Migration)

This matter concerned an application for Student (Temporary) (Class TU) visas by Ms Martha Cecilia Arias Graces (the primary applicant) and her husband, Mr Humberto Arbelaez Alvarez (the secondary applicant). The primary applicant sought to undertake English language studies in Australia, with the stated purposes of improving her communication with her Australian son-in-law and future grandchildren, understanding Australian culture, and enhancing her business and career prospects in Colombia as an Event Planner/Decorator. The applicants had arrived in Australia on a FA 600 visa.

The legal issues before the Tribunal were whether the primary applicant had satisfied the requirements of subdivision 572.22 for the grant of a subclass 572 visa, and consequently, whether the secondary applicant, as a member of the family unit, could be granted a visa under clause 572.314. A key consideration was whether the primary applicant had demonstrated exceptional reasons for undertaking her proposed course of study in Australia, and whether she had complied with the conditions of her existing Visitor visa.

The Tribunal affirmed the decision not to grant the visas. It found that the primary applicant had not satisfied the requirements of subdivision 572.22. The Tribunal considered that the primary applicant’s stated reasons for study, while including a desire to improve English for family communication and business, did not constitute exceptional circumstances justifying study in Australia, particularly when the possibility of studying in Colombia was raised. Furthermore, the Tribunal noted that the primary applicant appeared to have misunderstood the conditions of her Visitor visa, believing she was prohibited from undertaking study, when in fact she was not. As the primary applicant did not satisfy the visa requirements, the secondary applicant, as a member of the family unit, also failed to meet the criteria for a visa grant.