Acharya (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa as a member of the family unit of the primary visa holder. The dispute centred on whether the applicant had satisfied the regulatory requirements for inclusion in her husband's visa application.

The Tribunal was required to determine if the applicant met the criteria under clause 500.311 of Schedule 2 to the Migration Regulations 1994, specifically whether she was included in her husband's application for a student visa as required by subregulation 2.07AF(3). This subregulation mandates that a primary applicant for a Student (Temporary) (Class TU) visa must include the names, dates of birth, citizenship, and relationship of each member of their family unit at the time of application.

The Tribunal reasoned that the requirement to list family members in the primary applicant's visa application is a strict one. Despite the applicant's explanation that she was not properly advised by a migration agent and believed she would be included, and evidence of her marital relationship, the Tribunal found that the regulations did not grant it discretion to waive this requirement. As the applicant was not included in her husband's application at the relevant time, she did not satisfy clause 500.311.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, as she failed to meet the necessary visa criteria.