Ahmad (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by an applicant for a Subclass 500 (Student) visa. The applicant, a 37-year-old married man with children residing in Pakistan, had been in Australia since January 2014 and had completed several diplomas in business and leadership and management. He applied for his current student visa on 5 April 2019, seeking to study an Advance Diploma of Hospitality and Commercial Cookery. The delegate's decision to refuse the visa was under review.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to remain in Australia temporarily, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994. This assessment necessitated consideration of Ministerial Direction 69, which outlines factors to be taken into account when determining if an applicant is a genuine temporary entrant. These factors include the applicant's circumstances in their home country, their potential circumstances in Australia, the value of the proposed course to their future, and their immigration history.

The Tribunal noted that the applicant had significant family ties in Pakistan, including his wife and children, and that he communicated with them daily. He also stated his intention to use the hospitality course to open a restaurant in Pakistan. While the applicant had completed several previous courses in Australia, the Tribunal found that the delegate had not adequately considered all relevant factors under Ministerial Direction 69, particularly concerning the applicant's circumstances in his home country and the value of the proposed course to his future career aspirations in Pakistan. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for a Student (Temporary) (Class TU) visa for reconsideration, with a direction that the applicant met the criteria under clause 500.212 of Schedule 2 to the Regulations.