Mehfooz (Migration)

The Administrative Appeals Tribunal (AAT) considered the applications for Student (Temporary) (Class TU) visas, subclass 500 (Student) visas, made by Ms Sara Mehfooz and her family. The primary issue before the Tribunal was whether Ms Mehfooz, as the primary applicant, was a genuine temporary entrant to study and stay in Australia, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994. The Tribunal also considered the eligibility of the other applicants, who were family members, under clause 500.311.

The Tribunal was required to determine if Ms Mehfooz genuinely intended to stay in Australia temporarily, having regard to her circumstances in Pakistan and Australia, her immigration history, and the value of her proposed course of study to her future prospects. This assessment was to be conducted in accordance with Direction No. 69, which outlines factors to be considered when assessing the genuine temporary entrant criterion. The Tribunal was also to consider any other relevant matters.

In its reasoning, the Tribunal noted Ms Mehfooz's involvement in a restaurant joint venture in Pakistan and her current residence in Australia with her family, supported by her brother. It considered her travel history, acknowledging the impact of COVID-19 on travel patterns, and her unbroken record of study in Australia, including completing a General English course and currently studying Certificate IV in Commercial Cookery, with a Diploma of Hospitality Management approved. The Tribunal found that these courses were appropriate to her future business aspirations and independence. The Tribunal was satisfied that Ms Mehfooz met the genuine temporary entrant criterion under clause 500.212(a). Consequently, the Tribunal found that the second, third, and fourth named applicants, as family members, satisfied the criteria under clause 500.311.

The Tribunal made the decision to remit the applications for Student (Temporary) (Class TU) visas for reconsideration. It directed that Ms Sara Mehfooz met the criteria under clause 500.212(a), and the other named applicants met the criteria under clause 500.311 of Schedule 2 to the Regulations.