Prajapati (Migration)

This matter concerned an application for Student (Temporary) (Class TU) visas, Subclass 500 (Student), by Mr Dhavalkumar Pravinbhai Prajapati (the primary applicant) and Mrs Priyanka Ghanshyambhai Prajapati (the secondary applicant). The dispute arose when the Department of Home Affairs refused to grant the visas, a decision which was subsequently affirmed by the Administrative Appeals Tribunal. The Tribunal’s decision is under review.

The primary legal issue before the Tribunal was whether the primary applicant satisfied the criteria for a Subclass 500 visa, specifically clause 500.211 of Schedule 2 to the Migration Regulations 1994. This clause requires an applicant to be enrolled in a course of study at the time of the decision. The secondary applicant’s eligibility was contingent on the primary applicant meeting the visa criteria.

The Tribunal reasoned that while the primary applicant had provided evidence of enrolment at the time of his visa application in November 2018, he had failed to provide any information to the Tribunal confirming his continued enrolment. Given the time elapsed, the Tribunal was not satisfied that the applicant remained enrolled in a "full-time registered course" as defined by the Regulations. Consequently, the Tribunal concluded that clause 500.211 was not met.

As the primary applicant failed to satisfy the relevant visa criteria, the secondary applicant could not satisfy the secondary criteria under clause 500.311. Accordingly, the Tribunal affirmed the decisions not to grant the Student (Temporary) (Class TU) visas to either applicant.