K C Parajuli (Migration)

The Administrative Appeals Tribunal considered the case of K C Parajuli, who sought review of a decision to refuse her application for a Subclass 500 (Student) visa. The applicant's eligibility for the visa depended on her status as a member of the family unit of a primary visa holder who satisfied the criteria for a Subclass 500 visa.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 500.311 of Schedule 2 to the Regulations. This clause stipulates that an applicant is a member of the family unit of a primary student visa holder if they became a member of that family unit before the primary visa was granted and were included in the primary person's application, or if they became a member of the family unit after the primary visa was granted but before their own application was made.

The Tribunal found that the applicant was not satisfied that the primary applicant, Maheshwar Parajuli, held a valid student visa at the time of the applicant's own visa application. Furthermore, the Tribunal noted that the applicant and the primary applicant were divorced in September 2018, meaning they had not been a family unit since that time. Based on these findings, the Tribunal concluded that the applicant did not meet the criteria under clause 500.311.

Consequently, the Tribunal determined that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa. As the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.