LIN (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa (subclass 500) made by an applicant under 18 years of age. The application was initially signed only by the applicant's father. The mother subsequently signed the application after the delegate had made a decision. The applicant sought review of this decision.

The primary legal issue before the Tribunal was whether the applicant met the requirements of subclause 500.217(2) of Schedule 2 to the Migration Regulations 1994, specifically concerning the requirement for the written consent of both parents to the visa application for an applicant under 18. This also involved determining whether the applicant met Public Interest Criterion 4017.

The Tribunal found that it was able to decide the matter in favour of the applicant without a hearing, pursuant to section 360(2)(a) of the Migration Act 1958. It reasoned that the subsequent signing of the application by the mother satisfied the requirement for parental consent. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets PIC 4017 and therefore satisfies the requirement of subclause 500.217(2).