MOHAMMAD TARIQ (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by Mohammad Tariq. The primary issue before the Tribunal was whether the applicant met the criteria of being a genuine applicant for entry and stay in Australia who intended to remain in Australia temporarily, as stipulated by clause 500.212 of Schedule 2 to the Regulations.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, having regard to his circumstances, immigration history, and any other relevant matters. This assessment was to be conducted in accordance with Direction No. 69, which outlines specific factors to guide decision-makers, including the applicant's circumstances in their home country and potential circumstances in Australia, the value of the proposed course to their future, their immigration history, and any other relevant information. The applicant's stated reason for undertaking a lower level of study than his previous qualifications was to gain accounting skills beneficial to establishing an advertising business.

The Tribunal found that the applicant met the criteria under clause 500.212 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant satisfied this specific criterion for the Subclass 500 (Student) visa.