Farooq (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr. Farooq concerning the refusal of his Subclass 500 (Student) visa. The core dispute revolved around whether Mr. Farooq was a genuine applicant for entry and stay as a student, as required by the criteria for the visa.

The Tribunal was tasked with determining if Mr. Farooq met the genuine temporary entrant (GTE) criterion, specifically whether he genuinely intended to stay in Australia temporarily and whether he intended to comply with the visa conditions. This assessment was to be made in accordance with Direction No 69, which outlines various factors to be considered, including the applicant's circumstances in their home country and in Australia, their immigration history, and any other relevant information.

The Tribunal found that Mr. Farooq had been resident in Australia for an extended period, arriving in December 2015. Crucially, his previous visa statuses in Australia were as a dependent on his wife's visas, not as a primary student visa holder. His first application for a student visa in his own name was made in June 2021, over five years after his initial arrival. The Tribunal was not satisfied with his explanations for this delay, nor with the quality of his evidence, which was often vague and imprecise. The Tribunal concluded that Mr. Farooq had not demonstrated that he was a genuine temporary entrant, and therefore, the decision under review to refuse the visa was affirmed.