Gill (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), made by an applicant who was seeking to be recognised as a member of the family unit with associated study rights. The Tribunal affirmed the decision of the delegate not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria set out in clauses 500.211 and 500.311 of Schedule 2 to the *Migration Regulations 1994* (Cth). These clauses relate to the requirements for a Subclass 500 visa, including aspects of current enrolment and study rights. The applicant did not contend that they met the criteria for a Subclass 590 (Student Guardian) visa.

The Tribunal found that the applicant did not satisfy the requirements of the relevant clauses of Schedule 2 to the Regulations. Based on these findings, the Tribunal concluded that the applicant was not eligible for the Subclass 500 visa. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa application.