Aguilo (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought to satisfy the secondary criteria for the visa as a member of the family unit of the primary visa holder, her husband. The dispute centred on whether the applicant met the requirements of clause 500.311 of Schedule 2 to the Regulations, which outlines the conditions for a family member to be granted a student visa.

The core legal issue before the Tribunal was to determine whether the applicant satisfied clause 500.311 of Schedule 2 to the Regulations. This clause requires that a family unit member either be included in the primary person's application or become a member of the family unit after the primary person's visa was granted but before the family member's own application was made. The Tribunal also had to consider the implications of regulation 2.07AF, which details the requirements for including family members in a student visa application or notifying the Minister of new family members.

The Tribunal found that the applicant's husband, the primary person, applied for his student visa on 1 March 2018, and it was granted on 12 July 2018. The applicant married her husband on 30 January 2011, and they had a child together. Crucially, the primary person did not include the applicant on his visa application, nor did he inform the Department in writing that she was a member of his family unit after his visa was granted and before the applicant's own application was made. Therefore, the applicant did not satisfy either limb of clause 500.311.

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