Singh (Migration)

This matter concerned an application for a Subclass 500 (Student) visa by Mr Singh, who sought to be recognised as a member of the family unit of a primary applicant. The dispute before the Tribunal was whether Mr Singh met the criteria to be granted the visa as a secondary applicant, dependent on his wife who had applied for a Student visa. The Tribunal was required to determine if Mr Singh qualified as a member of the family unit of a primary applicant who held, or had satisfied the criteria for, a Student visa.

The Tribunal considered clause 500.311 of Schedule 2 to the Regulations, which outlines the criteria for a secondary applicant to be considered a member of the family unit. This clause requires the primary person to hold a Student visa and have satisfied the primary criteria for that visa. The applicant must have become a member of the family unit before the grant of the primary visa or before the application was made, and have been included in the primary person's application or provided information in relation to it. The Tribunal noted that Mr Singh's wife, the primary applicant, had departed Australia and no longer held a Student visa, having been unable to return due to the COVID-19 pandemic.

Based on the evidence, the Tribunal concluded that Mr Singh did not meet the requirements of clause 500.311 because his wife, the primary applicant, did not hold a Student visa and had not satisfied the primary criteria for such a visa. Consequently, the Tribunal found that the criteria for the grant of a Subclass 500 (Student) visa were not met. Mr Singh did not claim to meet the criteria as a primary applicant or for a Subclass 590 (Student Guardian) visa. The Tribunal affirmed the decision not to grant Mr Singh a Student (Temporary) (Class TU) visa.