1603440 (Migration)

The Administrative Appeals Tribunal considered whether an applicant for a Student (Temporary) (Class TU) visa satisfied criterion cl.573.211. The applicant had made their visa application in Australia and did not hold a specified substantive visa at that time. The dispute centred on whether the applicant met the alternative requirements of cl.573.211(3), which apply when an applicant does not hold a substantive visa at the time of application.

The Tribunal was required to determine if the applicant's last substantive visa, an Electronic Travel Authority (subclass 601), met the specified types listed in cl.573.211(3)(b). It also needed to consider whether the application was made within the prescribed timeframe after the cessation of that last substantive visa, and if the applicant satisfied Schedule 3 criterion 3005, as required by cl.573.211(3)(c) and (d) respectively.

The Tribunal reasoned that the applicant's last substantive visa, an Electronic Travel Authority (subclass 601), was not a type of visa specified in cl.573.211(3)(b). Consequently, the applicant failed to meet the requirements of cl.573.211(3) and, by extension, cl.573.211 of Schedule 2 to the Regulations. The Tribunal noted that other subclasses within the Class TU visa also contained the same requirement for applicants in Australia who did not hold a substantive visa at the time of application. The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.