Nasir v Minister for Immigration & Border Protection

The applicant, Mr. Nasir, and his wife sought judicial review of a decision by the Migration Review Tribunal (MRT). The couple had applied for a Student (Temporary) (Class TU) visa, specifically subclass 573 Higher Education Sector, in December 2012. Their application was refused by the Department of Immigration and Border Protection in May 2013, leading to their application for review by the MRT.

The central legal issue before the MRT, and subsequently before the Court, was whether Mr. Nasir was a "genuine applicant for entry and stay as a student" as required by clause 572.223 of the Migration Regulations 1994 (Cth). This clause mandated that the Minister be satisfied of the applicant's genuine intention to study, their intention to comply with visa conditions, and their access to sufficient funds.

The MRT found that Mr. Nasir had not demonstrated a genuine commitment to study in Australia. This conclusion was based on evidence that he had enrolled in 14 courses since arriving in Australia but had only completed one, a Diploma of Business. Consequently, the MRT was not satisfied that Mr. Nasir would genuinely apply himself to his current or any future enrolment, nor that he would comply with visa conditions. The Court upheld the MRT's decision.