Polat (Migration)

The Administrative Appeals Tribunal considered an application for review brought by Mr Turan Polat, a citizen of Switzerland, and Ms Pinar Polat, a citizen of Turkey and his wife. The applicants sought review of decisions made by a delegate of the Minister, which refused to grant them Student (Temporary) (Class TU) visa (subclass 500) visas. The applicants had lodged their visa applications on 17 November 2017, and these were refused on 1 February 2018. The primary applicant, Mr Polat, sought the visa to undertake a course of study in Australia, with Ms Polat seeking a visa as his family member, contingent on his application's success.

The Tribunal was required to determine two key issues. Firstly, whether the first applicant, Mr Polat, was currently enrolled in a course of study as mandated by clause 500.211 of the Migration Regulations. Secondly, the Tribunal had to determine whether Mr Polat was a genuine applicant for entry and stay as a student in Australia, as required by clause 500.212 of the Regulations. The initial refusal by the delegate was based on the delegate's dissatisfaction that Mr Polat met the primary criteria, specifically that he was a genuine applicant for entry and stay as a student.

The Tribunal's reasoning focused on the requirements of the Migration Regulations. It noted that for a student visa to be granted, the applicant must meet primary criteria, including being enrolled in a course of study and demonstrating genuine intent as a student. The delegate's refusal indicated a lack of satisfaction on the genuine temporary entrant criterion. The applicants contended that the delegate's decision was incorrect and not the preferable outcome. The Tribunal's written reasons, provided after an oral decision on 26 May 2020, would detail its findings on these two issues.