Malhotra (Migration)

The Administrative Appeals Tribunal considered an application for review brought by Mr Fawad Malhotra, a citizen of Pakistan, who sought review of a decision made by a delegate of the Minister for Home Affairs to refuse him a student visa. The visa refusal under consideration was made on 17 July 2019, concerning an application for a subclass 572 visa.

The primary legal issue before the Tribunal was to determine whether Mr Malhotra met the criteria for the subclass 572 visa, having regard to the legislative provisions that were in force at the time he lodged his original visa application on 16 December 2015. The Tribunal noted that the applicant's case had a protracted history, and the subclass of visa applied for was no longer in common use, having been replaced by the subclass 500 student visa.

The Tribunal's reasoning focused on applying the law as it stood when the applicant made his application. The delegate's decision of 17 July 2019, which refused the subclass 572 visa, was the decision under review. The Tribunal acknowledged the need to consider the specific subclass criteria applicable at the time of the application, which depended on factors such as the applicant's principal course of study.