ARSALAN (MIGRATION)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Arsalan, a Pakistani national, for a Subclass 500 (Student) visa. The dispute centred on whether Mr Arsalan met the criteria for being a genuine temporary entrant, specifically whether he genuinely intended to stay in Australia temporarily. The AAT was required to determine if Mr Arsalan satisfied clause 500.212 of Schedule 2 to the Migration Regulations 1994, which outlines the requirements for a genuine applicant for entry and stay as a student.

In reaching its decision, the Tribunal had regard to Direction No. 69, which provides guidance on assessing the genuine temporary entrant criterion. This Direction requires consideration of various factors, including the applicant's circumstances in their home country and potential circumstances in Australia, the value of the proposed course to the applicant's future, and their immigration history. The Tribunal noted that Mr Arsalan, aged 28, had arrived in Australia on 11 November 2012 on a Student visa (subclass TU 572) valid until 15 January 2014. The Tribunal found that Mr Arsalan's study history, including unsatisfactory course progress and cancellation of his enrolment, along with his poor knowledge of the proposed course, income disparity, and strong ties to Australia, indicated that he did not genuinely intend to stay in Australia temporarily.

The Tribunal concluded that the criteria for the grant of a Subclass 500 (Student) visa were not met, as Mr Arsalan failed to satisfy the genuine temporary entrant requirement. Consequently, the Tribunal affirmed the decision not to grant the visa.