1516540 (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa by a national of Pakistan. The delegate of the Department had refused the visa, finding that the applicant had not established exceptional reasons for its grant. The applicant sought review of this decision before the Migration Review Tribunal.

The Tribunal was required to determine whether the delegate's decision to refuse the visa was correct. This involved assessing whether the applicant met the relevant criteria for the visa, particularly in light of amendments to the regulations concerning eligible higher degree or non-award students, which applied to visa applications made on or after 22 March 2014. The Tribunal also needed to consider the evidence presented by the applicant, including academic records, health insurance details, and a letter from a lecturer, as well as the applicant's stated intentions regarding her future career and family business in Pakistan.

The Tribunal found that the delegate's decision was reviewable and that the applicant had made a valid application for review. Crucially, the Tribunal noted that the applicant's chosen institution, the Australian Institute of Business and Management Pty Ltd trading as King’s Own Institute, was not an eligible education provider at the time of the visa application. Consequently, the applicant was not subject to streamlined visa processing arrangements. Despite the delegate's refusal on the grounds of exceptional reasons, the Tribunal found that the delegate had not raised any other specific issues for refusal.

Accordingly, the Tribunal remitted the application for reconsideration. The Tribunal directed that the applicant be considered to meet the criteria under cl.573.227 of Schedule 2 to the Regulations for a Subclass 573 Higher Education Sector visa.