Bobbali (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500, made by Bobbali. The dispute arose when the Department of Home Affairs refused the visa application because the applicant had not provided a completed Form 80 as requested.

The primary legal issue before the Tribunal was whether the applicant had provided a completed approved Form 80, as required by regulation 2.03AA(2)(b) of the Migration Regulations 1994. The Tribunal also considered whether a request for a statement from an approved authority, as stipulated in regulation 2.03AA(2)(a), had been made by the department.

The Tribunal found that while the applicant initially failed to provide the requested Form 80 by the deadline set by the department, a completed and signed Form 80 was subsequently submitted to the Tribunal. The Tribunal was satisfied that this submission met the requirements of regulation 2.03AA(2)(b). Furthermore, the Tribunal noted there was no evidence that the delegate had requested a statement from an approved authority, rendering regulation 2.03AA(2)(a) inapplicable.

Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2) for the Subclass 500 visa.