Moral (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) Subclass 573 visa by Ms Moral. The dispute arose because Ms Moral, who was subject to Assessment Level 2, was required to demonstrate "exceptional reasons" for the grant of the visa onshore, a requirement stipulated by regulation 573.227 of the Migration Regulations. The delegate had requested information regarding these exceptional reasons, but Ms Moral did not provide a response to this specific request, instead arguing that her assessment level was incorrect. At the Tribunal hearing, Ms Moral conceded that she was subject to Assessment Level 2 and that she was required to provide exceptional reasons. The Tribunal, presided over by Bridget Cullen, was therefore tasked with determining whether Ms Moral had established such exceptional reasons.

The primary legal issue before the Tribunal was whether Ms Moral had satisfied the requirements of clause 573.227, which mandates the demonstration of exceptional reasons for the grant of a subclass 573 visa when an applicant is subject to an assessment level other than level 1 and held certain specified visas at the time of application. The Tribunal considered the meaning of "exceptional" in the context of migration law, drawing on the reasoning in *Kim v Minister for Immigration and Anor* [2008] FMCA 1577. This precedent indicated that "exceptional reasons" are those that are out of the ordinary course or unusual, and that the decision-maker must positively identify reasons justifying the grant of the visa, which are capable of being described as exceptional in ordinary parlance.

The Tribunal reasoned that Ms Moral had failed to provide any information that could be construed as exceptional reasons for the grant of the visa. Despite conceding the requirement, she had not presented any arguments or evidence to satisfy this criterion. The Tribunal found that the applicant had not satisfied clause 573.227. Consequently, the Tribunal affirmed the delegate's decision not to grant Ms Moral the Student (Temporary) (Class TU) visa.