Abbasi (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, specifically Subclass 573 (Higher Education Sector visa). The applicant had arrived in Australia in October 2011 to undertake a package of courses. The core of the dispute revolved around whether the applicant met the genuine temporary entrant (GTE) criterion, as stipulated by clause 573.223 of the relevant regulations.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, having regard to their circumstances, immigration history, and any other relevant matters. This assessment was to be guided by Direction No. 53, which outlines factors to consider, including the applicant's circumstances in their home country and Australia, the value of the course to their future, their immigration history, and any other available information. The Tribunal noted a significant 17-month gap in the applicant's study history between April 2013 and October 2014, during which no academic progress was achieved. The applicant's explanation for this gap involved personal difficulties due to his grandmother's illness and passing, followed by a decision to pursue different qualifications based on his brother's business interests.

The Tribunal found that the applicant had not provided evidence of informing his education provider about his personal difficulties or seeking a deferral of studies during the unexplained gap. Furthermore, the applicant's explanation for abandoning a Bachelor of Accounting course due to difficulty and stress, and subsequently enrolling in commercial cookery and hospitality courses, was considered in light of his stated intention to assist his brother's business. Ultimately, the Tribunal concluded that the applicant did not meet the essential requirement of clause 573.223. As this criterion is common to other subclasses within visa Class TU, the Tribunal also found the applicant did not meet the requirements for those subclasses.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa. The Tribunal also noted that there was no material before it to suggest the applicant met the criteria for a Subclass 580 (Student Guardian) visa.