Aryal (Migration)

This matter concerned an application for review of a decision not to grant a Subclass 500 (Student) visa. The applicant, Mr. Aryal, was a secondary applicant seeking to join the primary visa holder, Ms. Aryal, as a member of her family unit. The dispute centred on whether Mr. Aryal continued to meet the definition of a "member of the family unit" as required by the Migration Regulations. The review was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.311 of Schedule 2 to the Migration Regulations. This clause requires a secondary applicant to be a member of the family unit of a primary visa holder who holds a student visa. Specifically, the Tribunal had to determine if the relationship between the applicant and the primary visa holder was genuine and continuing, such that the applicant qualified as a member of the family unit under the Act.

The Tribunal considered evidence that the applicant and the primary visa holder were no longer living together and had separated, with divorce proceedings underway in their home country. The Tribunal found that, in light of this separation, the applicant did not satisfy the definition of "Spouse" in Section 5F of the Migration Act. Consequently, the Tribunal concluded that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa. The Tribunal affirmed the decision under review.