Namjiltseren (Migration)

The Administrative Appeals Tribunal considered an application for Student (Temporary) (Class TU) visas, Subclass 500, made by the applicants. The primary visa holder had a pending appeal in the Federal Circuit Court, but no final hearing date had been set. The applicants requested an adjournment of the Tribunal proceedings, which was declined.

The Tribunal was required to determine whether the applicants met the criteria for a Subclass 500 visa, specifically clause 500.311 of Schedule 2 to the Regulations. The Tribunal also considered the implications of the pending Federal Circuit Court appeal and the President's Direction concerning the conduct of migration and refugee reviews.

The Tribunal affirmed the decision not to grant the visas, finding that the applicants did not satisfy the requirements of clause 500.311. The Tribunal noted that the applicants did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa. The Tribunal's decision was made in accordance with the President's Direction, which suggested joining applications where appropriate, and the Tribunal's refusal to grant the adjournment request.