GOMES BAPTISTA (Migration)

The Administrative Appeals Tribunal considered the application of Mr Gomes Baptista for a Student (Temporary) (Class TU) visa, subclass 572 (Vocational Education and Training Sector). The primary applicant sought to study in Australia, and the secondary applicant applied as a member of his family unit. The Tribunal affirmed the decision of the delegate not to grant the visa.

The central issue before the Tribunal was whether the primary applicant satisfied the criteria for the grant of the visa, specifically clause 572.227, which relates to genuine student requirements. The Tribunal also considered whether there were exceptional reasons for the applicant to change his course after lodging his application and whether he would derive professional benefit from studying in English.

The Tribunal found that the applicant had not satisfied clause 572.227. Consequently, as the primary applicant was not eligible for the visa, the secondary applicant, who applied as a member of the family unit, could not satisfy clause 572.322. The Tribunal affirmed the delegate's decision to refuse the visa.