Ghuliani (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr Ghuliani for review of a decision to refuse to grant him a Student (Temporary) (Class TU) visa, subclass 500 (Student). The core of the dispute concerned whether Mr Ghuliani was a genuine student and a genuine temporary entrant, as required by the *Migration Regulations 1994* (Cth).

The Tribunal was required to determine whether Mr Ghuliani had demonstrated that he genuinely intended to study in Australia and that he would depart Australia at the end of his proposed stay. This involved assessing his personal circumstances, including his ties to his home country of India, and his intentions regarding ongoing residence in Australia.

In reaching its decision, the Tribunal applied the principles established in migration law concerning the assessment of genuine temporary entrant and genuine student criteria. The Tribunal considered evidence relating to Mr Ghuliani's personal circumstances in India, such as his family and employment, and evaluated whether these factors sufficiently indicated an intention to return to India after completing his studies. The Tribunal also considered the applicant's proposed course of study and his overall circumstances to determine if he met the genuine student requirements. Ultimately, the Tribunal affirmed the delegate's decision to refuse the visa.