Ma (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 572 (Vocational Education and Training Sector), made by an applicant who was onshore in Australia holding a temporary graduate subclass 485 visa. The applicant sought to change their visa status back to that of a student to undertake further study. The decision was made by Member Tim Connellan of the Tribunal.

The central legal issue before the Tribunal was whether exceptional circumstances existed for the grant of the student visa, as required by clause 572.227 of Schedule 2 to the Regulations. This clause stipulated that exceptional reasons would be found if an applicant, holding a temporary residence visa, had previously held a student visa, and while still in Australia on that student visa, was granted another temporary residence visa listed in clause 57X.211, and now wished to revert to student visa status for further study.

The Tribunal reasoned that the applicant's circumstances precisely mirrored the policy outlined in PAM 3 regarding exceptional reasons for a change of visa status. The applicant had previously held a student visa, was granted a temporary graduate visa while in Australia, and now sought to return to student visa status for further education. Consequently, the Tribunal found that exceptional reasons existed, and the applicant satisfied clause 572.227. The Tribunal remitted the application to the Department for reconsideration with the direction that the applicant met the specified criteria.