Nirmaan (Migration)

The Federal Circuit Court of Australia considered an appeal by Nirmaan against a decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant her a Student (Temporary) (Class TU) visa (subclass 500). The primary dispute concerned whether Nirmaan was a genuine temporary entrant.

The court was required to determine whether the delegate's decision that Nirmaan was not a genuine temporary entrant was affected by jurisdictional error. This involved assessing whether the delegate had properly considered all relevant factors, including Nirmaan's history of residing in Australia for six years, her cessation of studies in 2016, her change from a degree to a vocational course, and her marital problems. The court also had to consider whether Nirmaan had taken reasonable steps to address any difficulties encountered in her studies.

Meredith Jackson J found that the delegate had adequately considered the relevant factors. Her Honour noted that Nirmaan had resided in Australia for a significant period, had ceased studying in 2016, and had changed her course of study from a degree to a vocational one. Furthermore, the delegate was entitled to conclude that Nirmaan had not taken reasonable academic progress and had not taken reasonable steps to address the difficulties she faced. The court affirmed the delegate's decision that Nirmaan was not a genuine temporary entrant.