SADAT (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal (AAT) regarding a decision not to grant the applicant a Student (Temporary) (Class TU) visa, specifically a Subclass 573 (Higher Education Visa). The applicant was seeking this visa as a dependent child of a third-party visa holder, who was also the applicant's mother. The core of the dispute revolved around the applicant's eligibility for the visa, particularly in light of changes in his parents' circumstances and his own enrolment status.

The primary legal issue before the Tribunal was whether the applicant met the enrolment requirements for a student visa at the time of the decision. This involved considering whether the applicant was enrolled in, or had a current offer of enrolment in, a registered principal course of study, as stipulated by various clauses of the Migration Regulations. The Tribunal also had to determine if the applicant qualified as a member of the family unit of a relevant person, which was contingent on the primary visa holder (his mother) meeting her own visa criteria.

The Tribunal reasoned that, with limited exceptions not applicable to the applicant, a student visa applicant must be enrolled in a registered course at the time of the decision. Information before the Tribunal indicated that neither the third-party visa holder nor the applicant's mother were enrolled in any registered course or held a current student visa, and had in fact been granted permanent visas in October 2017. The applicant's response to this information, citing restraining orders and an inability to contact his mother, did not provide evidence of his own enrolment or his mother's eligibility as a student visa holder. Consequently, the Tribunal found that the applicant did not meet the criteria for the grant of a Subclass 573 visa.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.