Rajak (Migration)

The Administrative Appeals Tribunal considered the case of Rajak, an applicant for a Student (Temporary) (Class TU) visa (Subclass 500). The dispute concerned whether the applicant qualified as a member of the family unit of the primary visa holder and whether she had been included in the primary person's visa application, as required for a subsequent entrant. The decision reviewed was the affirmation of a previous decision not to grant the applicant the visa.

The Tribunal was required to determine if the applicant met the criteria under cl 500.311 of Schedule 2 to the Migration Regulations 1994. Specifically, the court needed to ascertain whether the applicant became a member of the family unit of the primary person before the grant of the primary person's student visa and if she was included in the primary person's application, either under subregulation 2.07AF(3) or by providing information under subregulation 2.07AF(4). The definition of "member of the family unit" as provided in reg 1.12 of the Regulations was also central to the determination.

The Tribunal reasoned that while the applicant was indeed the spouse of the primary person, and thus a member of the family unit, she had not satisfied the requirements of cl 500.311. The evidence indicated that the applicant was not named in the primary person's visa application, nor was information provided about her in accordance with the relevant regulations. The Tribunal noted that separate education consultants were involved, suggesting a lack of proper inclusion in the application process. Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.