Akhtar (Migration)

The Administrative Appeals Tribunal (AAT) affirmed a decision to refuse a Subclass 500 (Student) visa to a 27-year-old Pakistani national. The applicant had previously been granted a Higher Education visa but subsequently cancelled his enrolment in a Master of Professional Accounting course, transferring to lower-level Diploma and Advanced Diploma of Business courses, which constituted a breach of his visa conditions. The applicant cited difficulties with the complexity of higher education studies and adapting to a new environment as reasons for the transfer.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a genuine temporary entrant (GTE) for a Subclass 500 (Student) visa. This involved assessing the applicant's circumstances in his home country and in Australia, the value of the proposed course to his future, and his immigration history, as guided by Direction No. 69 issued under section 499 of the Migration Act 1958.

The Tribunal reasoned that the applicant's decision to study at a lower level than his previous qualifications and the visa type for which he applied, coupled with vague future plans and a lack of current enrolment at the time of the hearing, did not demonstrate a genuine intention to temporarily remain in Australia for study. While the applicant provided medical letters and a confirmation of enrolment in a Graduate Diploma of Business Administration, the Tribunal found these insufficient to overcome concerns arising from his study history and the breach of his previous visa conditions. The Tribunal concluded that the applicant had not satisfied the GTE criterion.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a Student (Temporary) (Class TU) visa.