Bhamani (Migration)

The Administrative Appeals Tribunal (AAT) reviewed decisions made by a delegate of the Minister for Home Affairs to refuse to grant Student (Temporary) (Class TU) visas to Mrs Aafrin Bhamani and Mr Imran Anwar Ali Bhamani. The applicants had applied for the visas to undertake study in Australia. The delegate's refusal was based on the applicants not satisfying the genuine temporary entrant criterion under clause 500.212(a) of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine whether the applicants genuinely intended to stay in Australia temporarily, having regard to their circumstances, immigration history, and any other relevant matters, as stipulated by clause 500.212(a) and guided by Direction No. 69. The Tribunal also considered the applicants' failure to respond to invitations to provide information or comment on adverse material, which impacted their entitlement to a hearing.

The Tribunal affirmed the delegate's decision, finding that the applicants had not satisfied the genuine temporary entrant criterion. This conclusion was reached despite the applicants' stated intentions to return to India and join the family business. The Tribunal noted that the applicant had previously completed Master's level studies in Australia and was enrolled in short, inexpensive vocational courses. The Tribunal also highlighted that the applicant did not respond to invitations to provide information or comment on the Tribunal's concerns that the vocational courses might be of marginal value or primarily intended to maintain ongoing residence in Australia. The Tribunal considered the applicant's immigration history, which showed a continuous period of holding student or bridging visas since her initial arrival in Australia, with a brief period on a Temporary Skilled visa. The Tribunal concluded that the overall circumstances did not demonstrate a genuine intention to stay in Australia temporarily.