1602068 (Migration)

The Administrative Appeals Tribunal considered the application of a citizen of Mauritius for a Student (Temporary) (Class TU) visa, specifically Subclass 572, to undertake an Advanced Diploma of Business. The primary applicant had applied for the visa while holding a Temporary Work (Skilled) (subclass 457) visa. The Tribunal's review focused on whether the applicant met the requirements of clause 572.227 of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the applicant had established exceptional reasons for the grant of a Subclass 572 visa, as required by the relevant Gazette Notice given her status as a holder of a subclass 457 visa at the time of application. The applicant also sought to rely on advice received from a migration agent regarding the onshore application and the likelihood of success.

The Tribunal reasoned that the applicant, as a holder of a subclass 457 visa when applying for the student visa, was required to demonstrate exceptional circumstances for the visa grant. While the applicant expressed a desire to study in Australia, gain employment, and potentially pursue permanent residency, the Tribunal found these reasons did not constitute exceptional circumstances. The Tribunal also noted the applicant's reliance on a migration agent's advice, but concluded that this did not alter the regulatory requirements. Consequently, the Tribunal found that the applicant did not satisfy clause 572.227. As the primary applicant failed to meet the criteria, her spouse, the second applicant, also failed to satisfy the requirements of clause 572.322.

The Tribunal affirmed the decision not to grant the applicants a Student (Temporary) (Class TU) visa.