Adnan Mirza (Migration)

This matter concerned an application for review of a decision by a Delegate of the Minister of Home Affairs to refuse a Student (Temporary) (Class TU) visa, subclass 500, to Adnan Mirza. The refusal was based on the applicant not satisfying public interest criterion 4020, due to the Delegate being unsatisfied that the applicant's employment history was not false or misleading. The applicant had provided information regarding his employment as an IT help desk officer between January 2016 and August 2019 with True Life Diagnostics and Training Centre in India.

The primary legal issue before the Tribunal was whether there was evidence that the applicant's stated employment history was false or misleading in a material particular. The Tribunal considered the common law principle that for information to be considered false or misleading in a material particular, it must be purposely so, though it is not necessary to establish that the applicant knowingly provided such information. The Tribunal was required to determine if the applicant's claims about his employment history were evidently untrue.

The Tribunal concluded that the matter should be remitted to the Department for reconsideration. The Tribunal found that the applicant satisfied public interest criterion 4020 for the purposes of clause 500.217(1) of Schedule 2 to the Migration Regulations 1994. This decision was made after considering oral evidence from the applicant and Mr Mohammed Lateef Uddin Moin, who identified himself as the owner of True-Life Diagnostic Centre.