1509893 (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa made in Australia. The applicant sought reconsideration of a decision by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had established "exceptional reasons" for the grant of the visa, a criterion applicable to certain applicants applying within Australia who hold specific temporary visas and are subject to particular assessment levels. The Tribunal was required to interpret the meaning of "exceptional reasons" in the context of the relevant legislation and departmental guidelines.

The Tribunal reasoned that the applicant was an eligible higher degree student and held a Confirmation of Enrolment for each course of study. Based on this, the Tribunal was satisfied that the applicant met criterion cl.573.212 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the applications for Student (Temporary) (Class TU) visas for reconsideration, with a direction that the first named applicant met the specified visa criteria.