1514421 (Migration)

The applicant, an 18-year-old born on 1 April 1998, sought review of a decision by the Department of Immigration and Border Protection to refuse him a Student (Temporary) (Class TU) visa. The applicant had arrived in Australia on a Visitor Visa in May 2015 and had commenced studies in a Diploma of Music at Ultimo TAFE in July 2015. He wished to continue his musical studies at university level after completing his TAFE course, with the ultimate goal of becoming a music teacher.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the grant of a Student (Temporary) (Class TU) visa, particularly concerning his genuine intention to study and the relationship between his proposed TAFE course and his future tertiary studies. The applicant contended that the Department had failed to consider crucial information regarding the necessity of an audition for his TAFE course, which he had communicated to the delegate. He also sought to demonstrate the technical nature of his intended studies and their relevance to his aspirations as a musician and performer.

The Tribunal affirmed the Department's decision to refuse the visa. While acknowledging the applicant's musical talents and contributions to various communities, the Tribunal found that the applicant had not demonstrated that he met the requirements for the visa. The Tribunal's reasoning focused on the applicant's failure to establish that his proposed course of study was a genuine temporary entrant's course and that he genuinely intended to undertake the course. The Tribunal concluded that the applicant had not provided sufficient evidence to satisfy these criteria.