Ghotra (Migration)

The Administrative Appeals Tribunal considered the case of an applicant, a citizen of India, who sought a Student (Temporary) (Class TU) visa, subclass 572 Vocational Education and Training Sector, to undertake a Diploma of Business. The applicant had applied for the visa on 2 April 2015, while holding a subclass 600 visa valid until 4 April 2015. The Tribunal was required to determine whether the applicant satisfied the criteria for the grant of the visa, specifically clause 572.227 of Schedule 2 to the Regulations, which pertains to unique or exceptional reasons for the grant of such a visa.

The central legal issue before the Tribunal was whether the applicant had established "unique or exceptional reasons" for the grant of a student visa, as required by the applicable regulations. The applicant had presented several grounds, including the personal benefits of studying and working in Australia for his future career and family, and the potential economic benefits to Australia through fees and taxes paid by students who can work. The Tribunal also considered arguments relating to the availability of funds, strong family ties in India, travel history, being a genuine student, and the applicant's past visa status and knowledge of the student visa framework.

The Tribunal reasoned that the benefits of studying and working in Australia, as advanced by the applicant, were not exceptional or unique, but rather common to many individuals seeking to study in Australia. Similarly, the Tribunal found that reasons such as financial capacity, family ties, genuine student status, and past visa circumstances did not constitute exceptional or out-of-the-ordinary circumstances warranting the grant of the visa under the relevant criterion. The Tribunal concluded that the applicant had not satisfied the requirement for unique or exceptional reasons.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.