Arif (Migration)

This matter concerned an application by Mr Awais Arif for review of a decision by a delegate of the Minister for Immigration to refuse him a Student (Temporary) (Class TU) visa, subclass 500. Mr Arif had applied for the visa to undertake study in Australia. The delegate refused the visa on the basis that Mr Arif did not satisfy the genuine temporary entrant criterion under clause 500.212(a) of Schedule 2 to the Migration Regulations 1994. The Administrative Appeals Tribunal, however, indicated that it would consider whether Mr Arif met the requirements of clause 500.212(b), which relates to intending to comply with visa conditions.

The Tribunal was required to determine whether Mr Arif intended to comply with the conditions subject to which the visa might be granted, as stipulated by clause 500.212(b). This involved assessing his record of compliance with previous visa conditions and his stated intention to comply with future conditions. The Tribunal had specifically notified Mr Arif in writing that this condition would be the focus of the review, advising him to be prepared to address it and to bring supporting documentation.

The Tribunal's reasoning focused on Mr Arif's failure to respond to its written notification regarding clause 500.212(b) and his lack of engagement with the Tribunal on this specific issue. Despite being informed that the review would proceed on the basis of his compliance with visa conditions, Mr Arif did not provide a response or supporting documentation to address this requirement. The Tribunal noted that Mr Arif had provided a Certificate of Graduation for a commercial cookery course after failing to complete his initial semester of study, but this did not directly address the prospective compliance with visa conditions. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.