Aslam (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by Mr. Aslam. The dispute centred on whether Mr. Aslam met the criteria for the visa, specifically concerning his enrolment in a registered course of study and his status as a genuine applicant for entry and stay as a student.

The Tribunal was required to determine if Mr. Aslam satisfied the primary criteria for a Subclass 500 visa, as set out in Schedule 2 of the Regulations. This included assessing whether he was a genuine applicant for entry and stay as a student, as defined by clause 500.212. This assessment involved considering whether Mr. Aslam genuinely intended to stay in Australia temporarily, having regard to his circumstances, immigration history, and any other relevant matters, and whether he intended to comply with visa conditions. The Tribunal also had to consider Direction No. 69, which provides guidance on assessing the genuine temporary entrant criterion.

The Tribunal's reasoning was based on the lack of evidence of Mr. Aslam's current enrolment in a registered course of study. Despite a request for information under section 359(2) of the Act, which specifically asked for details about his proposed course of study and his intentions as a student, Mr. Aslam failed to provide the necessary information. Consequently, the Tribunal found that the criteria for the grant of the visa were not met.

The Tribunal affirmed the decision not to grant Mr. Aslam a Student (Temporary) (Class TU) visa.