Akhtar (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an applicant's Subclass 500 (Student) visa. The core dispute revolved around whether the applicant met Public Interest Criterion (PIC) 4013, a requirement for the visa under clause 500.217(1) of Schedule 2 to the Migration Regulations 1994. This criterion mandates that a person whose previous visa was cancelled must generally wait three years from the cancellation date before being eligible for a new visa, unless compelling or compassionate circumstances exist.

The Tribunal was required to determine if the applicant satisfied PIC 4013. The applicant had applied for the Subclass 500 visa after receiving notification of the intention to cancel their previous Subclass 573 student visa, but before the actual cancellation occurred on 14 March 2017. The visa refusal was based on the applicant not meeting PIC 4013 because the three-year waiting period had not elapsed at the time of the refusal.

The Tribunal reasoned that at the time of its review, more than three years had passed since the applicant's previous visa was cancelled. Consequently, the applicant now satisfied PIC 4013. The Tribunal concluded that the appropriate course of action was to remit the application for the Subclass 500 visa for reconsideration by the Minister, with a direction that the applicant meets PIC 4013.