Aslam (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant, a Pakistani citizen, had been in Australia since May 2015, with brief trips overseas. He had commenced a Bachelor of Civil Engineering (Technology) course but stated he had lost interest due to distractions, including personal issues and gambling-related convictions in 2017 for which he received a communications corrections order, undertook community service, and counselling.

The Tribunal was required to determine whether the applicant met the criteria for a genuine temporary entrant (GTE) under clause 500.212 of Schedule 2 of the Migration Regulations 1994. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily, considering his circumstances, immigration history, and any other relevant matters, as well as whether he intended to comply with visa conditions. The Tribunal was also bound to consider Direction No. 69, issued by the Minister under section 499 of the Migration Act 1958, which provides guidance on assessing the GTE criterion.

The Tribunal noted that while Direction No. 69 is a lawful direction, it must reach its own conclusions on the merits of the case, applying established case law regarding the use of such guidelines. The applicant's extended period onshore, his stated loss of interest in his course, and his criminal convictions for obtaining property by deception raised concerns about his character and his genuine intention to be a temporary entrant. The Tribunal considered the value of the course to the applicant's future and his circumstances in his home country, as well as his potential circumstances in Australia.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa, finding that the criteria for the visa were not met. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.