Mohammed (Migration)

This matter concerned an appeal by an Indian citizen, a 32-year-old male, against a decision to refuse him a Student (Temporary) (Class TU) visa, subclass 500. The applicant had been in Australia since November 2015 and had not returned to India during that period. The appeal was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant was a genuine temporary entrant, as required for the grant of the visa. This involved assessing his academic progress, his stated reasons for remaining in Australia, and his future intentions. The Tribunal was bound to consider a Direction made by the Minister under section 499 of the Migration Act 1958 (Cth), but was required to reach its own independent conclusions on the merits of the case, applying relevant legal principles.

The Tribunal found that the applicant's academic progress was not indicative of a genuine student. Despite being in Australia for nearly six years on student visas, he had only completed one course, an Advanced Diploma of Business, in January 2018. He had previously been enrolled in a Master of Information Technology and a Bachelor of Business (Professional Accounting) but had not completed either. The Tribunal noted that the applicant had provided vague reasons for not completing these courses, including a change in career pathway and a health condition, but had not provided evidence to substantiate these claims. Furthermore, the applicant's stated plans for future employment were general, and the Tribunal considered that there was a continuing work and economic incentive for him to remain in Australia. The Tribunal concluded that the applicant had not satisfied the genuine temporary entrant requirement.