1607918 (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, reviewed by the Tribunal. The applicant sought to have a previous decision, which refused their visa application, set aside. The core of the dispute revolved around whether the applicant met the requirements of clause 572.211(3)(d) of the Migration Regulations, which necessitates satisfying Schedule 3 criterion 3005.

The Tribunal was required to determine if the applicant met the specific criteria for the visa subclass, particularly focusing on whether they satisfied Schedule 3 criterion 3005. This criterion mandates that a visa or entry permit has not previously been granted to the applicant based on the satisfaction of certain specified criteria within the Migration Regulations. The Tribunal also considered whether the applicant's last substantive visa was of the specified type and if their current application was lodged within 28 days of that visa ceasing to be in effect.

The Tribunal found that the applicant's last substantive visa, a Student (Temporary) (Class TU) 573 Higher Education Sector visa, met the requirements of clause 572.211(3)(b). Furthermore, the application was lodged on 11 April 2016, within 28 days of the applicant's last substantive visa ceasing on 15 March 2016, thus satisfying clause 572.211(3)(c). However, the Tribunal concluded that the applicant failed to satisfy Schedule 3 criterion 3005. Despite the applicant's explanation regarding personal circumstances and emotional turmoil due to his father's surgery, which he claimed led to the late lodgement and unawareness of the strict timeframes, the Tribunal affirmed the decision not to grant the visa. The Tribunal found that the applicant did not meet the requirements of the relevant subclasses within the Class TU visa class.