AFZAAL (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student) visa, by a 34-year-old male Pakistani citizen. The applicant had been studying in Australia since June 2013 and had previously held a Temporary Graduate (VC485) visa. The application under review was lodged the day before the applicant's previous visa expired, raising concerns for the Tribunal about the applicant's true intentions. The applicant had completed a Bachelor and Master of Commerce in Pakistan prior to commencing studies in Australia, where he completed an English course, a Master of Professional Accounting, and a professional year program.

The primary legal issue before the Administrative Appeals Tribunal was whether the applicant satisfied the criteria for the grant of a Subclass 500 (Student) visa, specifically the genuine temporary entrant criterion. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily, having regard to his circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 69 issued by the Minister under section 499 of the Migration Act 1958.

The Tribunal considered the applicant's prolonged period of onshore study, his changes in study pathways, and the regression in the level of study undertaken. It noted that the applicant's timing in lodging the application immediately before his previous visa expired suggested a potential motivation to maintain onshore residence rather than a genuine intention to study temporarily. The Tribunal also had regard to the disparity in economic conditions between Pakistan and Australia, which could present a significant incentive for the applicant not to return to his home country. Applying the principles of Direction No. 69, the Tribunal concluded that the applicant's circumstances did not demonstrate a genuine intention to temporarily remain in Australia for the purpose of study.

Consequently, the Tribunal found that the criteria for the grant of a Subclass 500 (Student) visa were not met. As the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the decision under review, which was not to grant the visa, was affirmed.