Kundi (Migration)

The applicant, Kundi, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the refusal of his application for a Student (Temporary) (Class TU) visa, subclass 500. The primary issue before the Federal Circuit and Family Court of Australia was whether the applicant was a genuine temporary entrant.

The court was required to determine whether the applicant had provided credible and truthful evidence to satisfy the delegate that he genuinely intended to stay in Australia temporarily for the purpose of study and that he met the criteria for a genuine temporary entrant. This involved assessing the applicant's visa and study history, his knowledge of the intended course and education provider, and the overall value of the proposed study to his future career prospects.

In reaching its decision, the court considered the applicant's inconsistent and untruthful evidence, his enrolment in lower-level courses in a different subject area than his previous studies, and his failure to apply for an appropriate visa. The court also noted the absence of evidence demonstrating the applicant's knowledge of the intended course or education provider, and the fact that his wife and child had returned to their home country. The court found that these factors, taken together, indicated that the applicant was not a genuine temporary entrant.

The court affirmed the decision under review, meaning the visa refusal stood.