1515102 (Migration)

The applicant, a national of Nepal, sought review of a decision not to grant him a Student (Temporary) (Class TU) visa. The applicant had been in Australia since 2009, initially to study a Diploma in Business Information Systems, which he did not complete. He subsequently completed vocational IT qualifications and a Certificate IV in Business. At the time of the review, he was not enrolled in any course, his Confirmation of Enrolment had been cancelled, and he expressed a desire to undertake Bachelor and Master degrees in IT.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to study in Australia, a requirement for the grant of a student visa under Subclass 572, and by extension, other subclasses within the TU visa class. This involved assessing the applicant's stated intentions against his actions and circumstances, particularly his lack of current enrolment, his awareness of course prerequisites, and his overall immigration history.

The Tribunal reasoned that while the applicant had completed vocational studies in Australia and had family in Sydney, including a sister who had obtained permanent residency, these factors were outweighed by his lack of concrete steps towards further study. Specifically, the Tribunal placed significant weight on the applicant's failure to make enquiries about available courses, institutions, or the necessary prerequisites for tertiary study. His admission of not being "really aware of what really happens" regarding prerequisites further supported the Tribunal's view. On balance, the Tribunal concluded that the applicant was seeking to prolong his stay in Australia rather than genuinely intending to study.

Consequently, the Tribunal found that the applicant did not meet an essential requirement for the grant of a student visa under Subclass 572, and by extension, other relevant subclasses. The Tribunal also found no material to suggest he met the criteria for a Subclass 580 (Student Guardian) visa. Accordingly, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.