MUNIR (Migration)

MUNIR (Migration) [2020] AATA 1087 (18 March 2020)
DECISION RECORD
DIVISION:Migration & Refugee Division
APPLICANT:  Mr Mohsin MUNIR
CASE NUMBER:  1812619
HOME AFFAIRS REFERENCE(S):          BCC2018/1111735
MEMBER:Elizabeth Tueno
DATE:18 March 2020
PLACE OF DECISION:  Melbourne
DECISION:The Tribunal affirms the decision not to grant the applicant a Student (Temporary) (Class TU) visa.

Statement made on 18 March 2020 at 3:59pm
CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa –study is not relevant to the applicant’s previous employment –genuine temporary entrant criterion not met –decision under review affirmed
LEGISLATION
Migration Act 1958, ss 65, 499
Migration Regulations 1994, r 1.03, Schedule 2, cl 500.212
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 17 April 2018 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act).
The applicant applied for the visa on 8 March 2018. At the time of application, Class TU contained two subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian). The applicant applied for the visa to undertake study in Australia and does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.
The delegate in this case refused to grant the visa on the basis that the applicant did not satisfy the requirements of cl.500.212 of Schedule 2 to the Migration Regulations 1994 (the Regulations). Having taking into account the applicant’s circumstances in his home country, potential circumstances in Australia, the value of the course to his future and his immigration history, the delegate was not satisfied that the applicant genuinely intended to stay in Australia temporarily.
The applicant appeared before the Tribunal on 10 February 2020 to give evidence and present arguments. The Tribunal hearing was conducted with the assistance of an interpreter in the Urdu and English languages. The applicant was assisted in relation to the review by their registered migration agent.
For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.
CONSIDERATION OF CLAIMS AND EVIDENCE
The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations. The primary criteria in cl.500.211 to cl.500.218 must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need only satisfy the secondary criteria. The issue in the present case is whether the applicant intends genuinely to stay in Australia temporarily.
Clause 500.212 requires as follows:
The applicant is a genuine applicant for entry and stay as a student because:
(a)the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i)the applicant’s circumstances; and
(ii)the applicant’s immigration history; and
(iii)if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and
(iv)any other relevant matter; and
(b)the applicant intends to comply with any conditions subject to which the visa is granted, having regard to:
(i)the applicant’s record of compliance with any condition of a visa previously held by the applicant (if any); and
(ii)the applicant’s stated intention to comply with any conditions to which the visa may be subject; and
(c)of any other relevant matter.
Does the applicant intend genuinely to stay in Australia temporarily?
In considering whether the applicant satisfies cl.500.212(a), the Tribunal must have regard to Direction No.69, ‘Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications’, made under s.499 of the Act. This Direction, which is attached to this decision, requires the Tribunal to have regard to a number of specified factors in relation to:
·the applicant’s circumstances in their home country, potential circumstances in Australia, and the value of the course to the applicant’s future;
·the applicant’s immigration history, including previous applications for an Australian visa or for visas to other countries, and previous travel to Australia or other countries;
·if the applicant is a minor, the intentions of a parent, legal guardian or spouse of the applicant; and
·any other relevant information provided by the applicant, or information otherwise available to the decision maker, including information that may be either beneficial or unfavourable to the applicant.
The Direction indicates that the factors specified should not be used as a checklist but rather, are intended only to guide decision makers when considering the applicant’s circumstances as a whole, in reaching a finding about whether the applicant satisfies the genuine temporary entrant criterion.
The Tribunal has had regard to the applicant’s evidence given at the hearing, the department’s file as well as documents provided by the applicant including:
·A statutory declaration of the applicant dated 29 January 2020
·Confirmation of enrolment in various courses
·Academic documents
·Submissions (undated) from the applicant’s migration agent
·A completed s.359(2) questionnaire
The applicant is a 31 year old Pakistani national. He arrived in Australia on 29 June 2014 on a student visa which was valid until 8 June 2016. He applied for and was granted a second student visa valid until 8 March 2018. On 8 March 2018, the applicant applied for a third student visa, which was refused and is the subject of the application before the Tribunal presently.
Since arriving in Australia, the applicant has been enrolled in a number of courses, all of which bar one has either did not complete or did not commence:
·10 week English language course - completed
·Master of commence at Raffles College – did not complete
·Bachelor of Accounting at King’s Own Institute – did not complete
·Bachelor of Accounting at Group Colleges Australia – never started
·Diploma of Information Technology at Australian Education & Learning Institute – completed
The applicant is currently enrolled in and is studying a Bachelor of Business Information Systems at Torrens University. He commenced this course on 4 November 2019 and is due to complete it in August 2022.
CIRCUMSTANCES IN THE APPLICANT’S HOME COUNTRY
The applicant, in his questionnaire response, stated that he is studying this course in Australia because studying here gives him “wider opportunities to learn with more experienced people”. When considering the course the applicant is studying, it involves business and information technology studies. These are not particularly specialised fields of study at the level at which the applicant is studying. The applicant does not state in his evidence that there are no similar courses available in his home country, simply that there are more opportunities to learn with experience people in Australia. The applicant does did not provide any evidence about any particular issue or problem with the quality of the courses taught in Pakistan. What he did say in his statutory declaration was that being in Australia he was afforded an opportunity to gain an “excellent education at a very low price”, the lifestyle is more “hassle free and relaxed” than in Pakistan and that he liked the multicultural backgrounds of other students. When considering these responses, the Tribunal is not satisfied that the applicant has provided sound reasons for not studying in his home country. There is no evidence that similar courses are not available and that they are not taught at a suitable teaching level. While the courses in Australia may be at a “very low price”, the applicant provided no evidence that the universities in Pakistan were too expensive for him to study at. On the contrary, there is evidence to show that the applicant already had studied at a tertiary level at university before coming to Australia.
As to the applicant’s personal ties to his home country, this consists of all of his family members residing in Pakistan and being on good terms with other villagers. His family includes his mother, two sisters and two brothers. Since arriving in Australia in 2014, he has not once returned to Pakistan. This includes when his father passed away. The applicant wrote that after his father passed away his other family members buried his father without him being present. Even if he could not make it to the burial, the applicant could still have returned home to visit his family around this time. The applicant stated at the hearing that he only wanted to return home after he completed his studies and that his mother has told him to do this. He confirmed that no family member has visited him during his time in Australia. He stated that he is very close with his family and that after the death of his father, they were suffering from serious depression. He maintains regular contact with them.
The Tribunal accepts that the applicant has family ties to his home country. But considering the applicant has been in Australia for nearly 6 years without once returning home, not even to visit and assist his family after the passing of his father, this demonstrates that these family ties are not such that represent strong ties to his home country. He has managed to maintain his family connections for the last nearly 6 years whilst being overseas in Australia.
In relation to his economic circumstances, the applicant stated that there is a family business and family agricultural land. After his father died, these assets have been divided between him and his two brothers. There was no objective evidence of ownership of these assets provided to the Tribunal. Taking the applicant’s evidence regarding assets at its highest, there is no evidence before the Tribunal to suggest that either the land or business require the applicant to be in Pakistan. There is no evidence to demonstrate how much income the family business generates. Whereas there is evidence that the applicant works in Australia and earns between $400 to $430 per week, which goes towards his living expenses. His tuition fees are paid by his brother. When he worked for the travel company in Pakistan, he was earning approximately 50,000 Pakistani rupees per month, which equates to AUS $525 at today’s conversion rate.
When considering the disparate economic differences between Pakistan and Australia, taking the above matters into account the Tribunal does not consider that the applicant’s economic circumstances are particularly strong and do not present any particular incentive to return to Pakistan.
The applicant stated that he has no concerns about military service commitments in Pakistan, nor does he have any concern about political or civil unrest in Pakistan. The Tribunal takes this into account and finds these matters would not be inducing the applicant to remain in Australia indefinitely.
POTENTIAL CIRCUMSTANCES IN AUSTRALIA
The applicant currently works as a manager of a carwash and earns approximately $400 to $430 per week. His living expenses in Australia are approximately $640 per month according to his questionnaire responses. Given that his tuition fees are paid for by his brother, his weekly earnings are more than enough to cover his living expenses with some to spare. While this is not a large amount of money to earn, it is more than enough to cover his living expenses.
The applicant stated that he lives in a share house with 3 others. One of his housemates is a permanent resident, the other two are students. He said when not studying or working, he spends his time with friends, talking to his family on the phone, going to see movies and going for outings. He also attends a mosque every Friday. While he used to play cricket in Pakistan, he does not get much of a chance to play in Australia. He said he is not in a relationship.
In his statutory declaration, the applicant has stated that the Australian lifestyle is more hassle free and relaxed compared to Pakistan. He noted that “Australia is a multi-cultural society which proves that there is no racial discrimination in this country. Australian in particular are very humble and friendly by nature so the transition process for me will become easy as I am also fond of making new friends. Australia is a country full of opportunities and international exposure”.
When taking these observations into account in combination with the length of time the applicant has spent in onshore without ever having left in the last six years along with the observations made below about the value of the course the applicant is studying, the Tribunal considers that the applicant’s ties to Australia are a strong incentive to remain in Australia. When the evidence is viewed overall, it is the view of the Tribunal that the applicant may be using the student visa to maintain ongoing residence in Australia and that he may be attempting to circumvent the intentions of the migration program.
VALUE OF THE COURSE
The Tribunal is concerned that the Bachelor of Business Information Systems is not consistent with his current level of education. The applicant came to Australia to study a Masters course, having already completed a Bachelor of Commerce in his home country. His level of study in Australia has dropped to the Bachelor level and even to the Diploma level. With a Bachelor of Commerce under his belt already, the applicant could have pursued a course of study at the Master’s level in Business or in Information Technology. However, he has not done so. Taking this into consideration, the Tribunal does not believe the course is consistent with his current level of education.
Prior to coming to Australia, the applicant completed a Bachelor of Commerce at the Punjab University. He then worked in sales for a travel company for approximately one year before coming to Australia in June 2014. He stated at the hearing that his future plans are to work as an I.T professional and “business operator” in his home country. However, he also stated that he wants to work in any company involving both I.T and business. In his statutory declaration, he describes his future plans as follows:
As far as this career is concerned, this brings together the technical and problem-solving skills of management and organizational planning abilities in order to oversee complex enterprises from conception to completion and the demand of professionals having management skills with technical knowledge is increasing. The companies here now have a preference to hire such professionals who already possess managerial and business skills for senior post or designation. After gaining business skills, I will explore different sectors of the industries and the doors of success will be opened for me throughout the world.
He said that the Bachelor of Business Information Systems will provide him skills in business communication and skills for working in an I.T business. He said that this course will help as it is linked to his previous studies. By this, the Tribunal understands the applicant to be referring to the Diploma of Information Technology, as this is the only course he has completed during his time in Australia and it is the only course related to I.T. The applicant stated that his previous studies were in relation to accounting and that the current course is more advanced and more of what he needs. He said I.T is in demand in his home country.
At the time of the delegate’s decision, the applicant was seeking a visa in order to study the Bachelor of Accounting course at Group College’s Australia. he said that the reason he wanted to study accounting was because “accounting is a great career. It is an exciting career option. I have chosen this career because of the great opportunities associated with it. I will be able to contribute to the society through new developments in the field of Business. I will be taking these new developments to people, who will benefit by using them. Accounting career has got a good working condition and a balanced lifestyle. Many industries are now employing the skills of accounting professionals. The skills that I will learn by bachelor degree in accounting will help me look for jobs across various industries… hopefully I will have Chief Accountant career through multi organization in Pakistan few of my friends already completed Australian accounting degree’s now they are working as a Chief Accountant I hopeful and excited to become same in near future ” [sic].
When asked about this at the hearing, the applicant said he no longer wanted to be a chief accountant. He said he wants to work as a business professional but that accountancy will help.
For such a “hopeful and excited” person wanting to go into accounting, there has been an abrupt turn around in what area now interests him. The only real explanation for this turn around was in the applicant’s statutory declaration where he stated, “My visa was nearly finished and I applied in Group Colleges of Australia to finish my reaming course but my visa got rejected. I have provided all my documents to the case officer along with COE and father’s Death certificate due to visa rejection. The college cancelled my COE and for that reason colleges weren’t able to issue a new COE, so I applied for non-COE Diploma from Australian Education Learning Institute in 2018 which was completed in May 2019” [sic].
The Tribunal accepts that one’s choice of study and chosen career can change over time. But the applicant’s evidence about this causes the Tribunal concern. On the evidence before it, the applicant’s claimed career aspirations to work in the field of Information Technology appears to have been based solely on the fact that this was simply a course he could obtain in enrolment in. Not because of any genuinely held interest in IT. It appears the applicant’s professed career aspiration to work as a business professional (whether that be with his own business or working for a company – the applicant’s plans on this are not clear) has been tailored to fit the current course selection in Australia. That is not as it should be. This raises concern about the genuineness of the applicant’s stated intentions. More so because of the vague description of what it is he intends on doing in the future.
Furthermore, the vagueness of the description of what it is the applicant actually intends on doing when he returns to Pakistan means that it difficult for the Tribunal to determine whether or not the course will be of assistance in the applicant obtaining employment or improving his employment prospects.
The course bears no little relevance to his previous work as a sales consultant for a travel service company in Pakistan. It also has little relevance to his work as an employee manager for the carwash where he is currently employed. In a general sense, it is accepted that studying a Bachelor of Business Information Systems would be relevant to any work in a business setting. However, when considered in light of the applicant’s very generalised description of what his future career aspirations are, it is difficult to say exactly how this course will assist him and therefore how the course is relevant to his future plans.
In relation to remuneration, the applicant stated in his questionnaire response that “because information technology in business is very demanding I will get good position and can get good salary package”. When considering this response compared to his other stated career goal being to work as an IT professional and business operator, it appears the applicant simply has no idea what type of remuneration he can expect, since it is unclear on his evidence whether he intends to become a “business operator” or obtain employment working for a company.
IMMIGRATION HISTORY

The applicant stated in his questionnaire that he has not previously been refused a visa to any country including Australia, nor has he ever held a visa that has been cancelled. The Tribunal accepts this as there is no evidence to the contrary.
OTHER MATTERS
The applicant did not raise any other relevant matters for consideration.
On the basis of the above, the Tribunal is not satisfied that the applicant intends genuinely to stay in Australia temporarily. Accordingly, the applicant does not meet cl.500.212(a).
Given the above findings, the Tribunal finds that the criteria for the grant of a Subclass 500 (Student) visa are not met. The applicant does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa. Accordingly, the decision under review must be affirmed.
DECISION
The Tribunal affirms the decision not to grant the applicant a Student (Temporary) (Class TU) visa.
Elizabeth Tueno
Member

Attachment – Direction No.69
DIRECTION NUMBER 69 – ASSESSING THE GENUINE TEMPORARY ENTRANT CRITERION FOR STUDENT VISA AND STUDENT GUARDIAN VISA APPLICATIONS
(Section 499)
I, PETER DUTTON, Minister for Immigration and Border Protection give this Direction under section 499 of the Migration Act 1958 (the Act).
Dated: 18 April 2016
Peter Dutton

Minister for Immigration and Border Protection
Note: Section 499(1) of the Act empowers the Minister to give a written direction to a person or body having functions or powers under the Act if the directions are about the performance of those functions; or the exercise of those powers. Under section 499(2) of the Act, the direction must not be inconsistent with the Act or the Migration Regulations 1994. Under section 499(2A) of the Act, the person or body must comply with the Direction.
Part 1 of Direction No. 69 - Preliminary
Name of Direction
This Direction is Direction No. 69 - Assessing the genuine temporary entrant criterion for Student visa and Student Guardian visa applications.
It may be cited as Direction No. 69.
Commencement
This Direction commences on 1 July 2016.
Interpretation
Act means the Migration Act 1958.
Genuine temporary entrant means a person who satisfies the genuine temporary entrant criterion for Student visa or Student Guardian visa applications.
Genuine temporary entrant criterion refers to clause 500.212(a), 500.312(a) and 590.215(a) at Schedule 2 to the Regulations.
Home country has the same meaning as the definition of that term in regulation 1.03 in Part 1 of the Regulations.
Regulations mean the Migration Regulations 1994.
Relative has the same meaning as the definition of that term in regulation 1.03 in Part 1 of the Regulations.
Spouse has the same meaning as the definition of the term in section 5F of the Act.
Student visa means a Subclass 500 (Student) visa
Student Guardian visa means a Subclass 590 (Student Guardian) visa.
Application
This Direction applies to delegates performing functions or exercising powers under section 65 of the Act in relation to assessing an applicant’s temporary entrant criterion for Student visa applications in Schedule 2 to the Regulations.
This Direction also applies to members of the Administrative Appeals Tribunal who review the decisions of primary decision-makers in relation to a Student visa or a Student Guardian visa application.
The genuine temporary entrant criterion must be satisfied by all applicants who make an application for either a Student visa seeking to satisfy the primary criteria for a Student Guardian visa.
Preamble
The Australian Government operates a student visa programme that enables people who are not Australian citizens or Australian permanent residents to undertake study in Australia. A person who wants to undertake a course of study under the student visa programme must obtain a student visa before they can commence a course of study in Australia. A successful applicant must be both a genuine temporary entrant and a genuine student.
An applicant who is a genuine temporary entrant will have circumstances that support a genuine intention to temporarily enter and remain in Australia, notwithstanding the potential for this intention to change over time to an intention to utilise lawful means to remain in Australia for an extended period of time or permanently.
The genuine temporary entrant criterion for Student visa applications requires the Minister to be satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
a.the applicant’s circumstances; and
b.the applicant’s immigration history; and
c.if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and
d.any other relevant matter.
This Direction provides guidance to decision makers on what factors require consideration when assessing the above paragraphs a to d, to determine whether the applicant genuinely intends to stay in Australia temporarily.
Decision makers must take a reasonable and balanced approach between the need to make a timely decision on a Student visa or Student Guardian visa application and the need to identify those applicants who, at time of decision, do not genuinely intend to stay in Australia temporarily
Part 2 of Direction No. 69 - Directions
Assessing the genuine temporary entrant criterion
1.Decision makers should not use the factors specified in this Direction as a checklist. The listed factors are intended only to guide decision makers when considering the applicant’s circumstances as a whole, in reaching a finding about whether the applicant satisfies the genuine temporary entrant criterion.
2.Decision makers should assess whether, on balance, the genuine temporary entrant criterion is satisfied, by:
a.considering the applicant against all factors specified in this Direction; and
b.considering any other relevant information provided by the applicant (or information otherwise available to the decision maker).
3.Decision makers may request additional information and/or further evidence from the applicant to demonstrate that they are a genuine temporary entrant, where closer scrutiny of the applicant's circumstances is considered appropriate.
4.Circumstances where further scrutiny may be appropriate include but are not limited to:
a.information in statistical, intelligence and analysis reports on migration fraud and immigration compliance compiled by the department indicates the need for further scrutiny;
b.the applicant or a relative of the applicant has an immigration history of reasonable concern;
c.the applicant intends to study in a field unrelated to their previous studies or employment; and
d.apparent inconsistencies in information provided by the applicant in their Student visa application.
5.An application for a Student visa or a Student Guardian visa should be refused if, after weighing up the applicant’s circumstances, immigration history and any other relevant matter, the decision maker is not satisfied that the applicant genuinely intends a temporary stay in Australia.
The applicant’s circumstances
6.Decision makers should have regard to the applicant’s circumstances in their home country and the applicant’s potential circumstances in Australia.
7.For primary applicants of Subclass 500 Student visas, decision makers should have regard to the value of the course to the applicant’s future.
8.Weight should be placed on an applicant’s circumstances that indicate that the Student visa or Student Guardian visa is intended primarily for maintaining residence in Australia.
The applicant’s circumstances in their home country
9.When considering the applicant’s circumstances in their home country, decision makers should have regard to the following factors:
a.whether the applicant has reasonable reasons for not undertaking the study in their home country or region if a similar course is already available there. Decision makers should allow for any reasonable motives established by the applicant;
b.the extent of the applicant’s personal ties to their home country (for example family, community and employment) and whether those circumstances would serve as a significant incentive to return to their home country;
c.economic circumstances of the applicant that would present as a significant incentive for the applicant not to return to their home country. These circumstances may include consideration of the applicant’s circumstances relative to the home country and to Australia;
d.military service commitments that would present as a significant incentive for the applicant not to return to their home country; and
e.political and civil unrest in the applicant’s home country. This includes situations of a nature that may induce the applicant to apply for a Student visa or Student Guardian visa as means of obtaining entry to Australia for the purpose of remaining indefinitely. Decision makers should be aware of the changing circumstances in the applicant’s home country and the influence these may have on an applicant’s motivations for applying for a Student visa or a Student Guardian visa.
10.Decision makers may have regard to the applicant’s circumstances in their home country relative to the circumstances of others in that country.
The applicant’s potential circumstances in Australia
11.In considering the applicant’s potential circumstances in Australia, decision makers should have regard to the following factors:
a.The applicant’s ties with Australia which would present as a strong incentive to remain in Australia. This may include family and community ties;
b.evidence that the student visa programme is being used to circumvent the intentions of the migration programme;
c.whether the Student visa or Student Guardian visa is being used to maintain ongoing residence;
dwhether the primary and secondary applicant(s) have entered into a relationship of concern for a successful Student visa outcome. Where a decision maker determines that an applicant and dependant have contrived their relationship for a successful Student visa outcomes, the decision maker may find that both applicants do not satisfy the genuine temporary entrant criterion; and
e.the applicant’s knowledge of living in Australia and their intended course of study and the associated education provider; including previous study and qualifications, what is a realistic level of knowledge an applicant is expected to know and the level of research the applicant has undertaken into their proposed course of study and living arrangements.
Value of the course to the applicant’s future
12.Decision makers should have regard to the following factors when considering the value of the course to the applicant’s future:
a.whether the student is seeking to undertake a course that is consistent with their current level of education and whether the course will assist the applicant to obtain employment or improve employment prospects in their home country. Decision makers should allow for reasonable changes to career or study pathways; and
b.relevance of the course to the student’s past or proposed future employment either in their home country or a third country; and
c.remuneration the applicant could expect to receive in the home country or a third country, compared with Australia, using the qualifications to be gained from the proposed course of study.
The applicant's immigration history
13.An applicant’s immigration history refers both to their visa and travel history.
14.When considering the applicant’s immigration history, decision makers should have regard to the following factors:
a.Previous visa applications for Australia or other countries, including:
i.if the applicant previously applied for an Australian temporary or permanent visa, whether those visa applications are yet to be finally determined (within the meaning of subsection 5(9) of the Act), were granted, or grounds on which the application(s) were refused; and
ii.if the applicant has previously applied for visa(s) to other countries, whether the applicant was refused a visa and the circumstances that led to visa refusal.
b.Previous travels to Australia or other countries, including:
i.if the applicant previously travelled to Australia, whether they complied with the conditions of their visa and left before their visa ceased, and if not, were there circumstances beyond their control;
ii.whether the applicant previously held a visa that was cancelled or considered for cancellation, and the associated circumstances;
iii.the amount of time the applicant has spent in Australia and whether the Student visa or Student Guardian visa may be used primarily for maintaining ongoing residence, including whether the applicant has undertaken a series of short, inexpensive courses, or has been onshore for some time without successfully completing a qualification; and
iv.if the applicant has travelled to countries other than Australia, whether they complied with the migration laws of that country and the circumstances around any non-compliance
If the applicant is a minor— the intentions of a parent, legal guardian or spouse of the applicant
15.If the primary or secondary applicant for a Subclass 500 Student visa is a minor, decision makers should have regard to the intentions of a parent, legal guardian or spouse of the applicant.
Any other relevant matters
16.Decision makers should also have regard to any other relevant information provided by the applicant (or information otherwise available to the decision maker) when assessing the applicant’s intention to temporarily stay in Australia. This includes information that may be either beneficial or unfavourable to the applicant.

[2020] AATA 1087

18 March 2020

Key Legal Topics

Areas of Law

Immigration

Administrative Law

Legal Concepts

Judicial Review

Procedural Fairness

Statutory Construction