Ezegbe (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 572 Vocational Education and Training Sector, made by the first named applicant. The dispute centred on whether the applicant satisfied clause 572.227 of Schedule 2 to the Regulations, which requires "exceptional reasons" for the grant of the visa. The applicant, who was studying Early Childhood Education and Care, had her studies delayed due to pregnancy and childbirth, and was also the dependent of a departing temporary resident.

The primary legal issue before the Tribunal was to determine whether the applicant's circumstances constituted "exceptional reasons" as contemplated by clause 572.227. The Tribunal was required to assess if the delay in commencing studies due to the applicant's pregnancy and the need to care for her newborn baby, coupled with her desire to complete her current course or undertake further studies in Australia, met this threshold.

In its reasoning, the Tribunal acknowledged that while Departmental guidelines (PAM3) are not binding, they can be a relevant consideration. The Tribunal noted that these guidelines provide examples of "exceptional reasons" which may include situations such as the one presented. Accepting that the applicant could not commence her studies earlier due to caring for her newborn, and considering the Department's policy, the Tribunal found that these circumstances constituted exceptional reasons for the grant of the visa. Consequently, the Tribunal concluded that the applicant satisfied the requirements of clause 572.227.

The Tribunal remitted the applications for Student (Temporary) (Class TU) visas for reconsideration by the Minister, with a direction that the first named applicant meets the criteria specified in clause 572.223(1)(a) of Schedule 2 to the Regulations.