Pardeep Singh (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by Pardeep Singh, the primary applicant, and a secondary applicant. The dispute arose because the primary applicant failed to provide evidence of enrolment at the time of the initial decision. However, subsequent to that decision, an Overseas Student Confirmation of Enrolment was received.

The Tribunal was required to determine whether the primary applicant met the criteria for the Subclass 500 visa, specifically clause 500.211 of Schedule 2 to the Migration Regulations 1994, and whether the secondary applicant, as a member of the family unit of the primary applicant, satisfied the criteria for the visa.

The Tribunal found that the secondary applicant was a member of the family unit of a person who satisfied the primary criteria. Consequently, the Tribunal remitted the application for reconsideration. In doing so, the Tribunal directed that the first named applicant, Pardeep Singh, meets the criteria specified in clause 500.211 of Schedule 2 to the Regulations.