Qasim (Migration)

This matter concerned an appeal by the applicant, Mr Qasim, against the refusal of a Subclass 500 (Student) visa. The applicant, who arrived in Australia from Pakistan in 2013, had a history of multiple course enrolments and cancellations, including a Bachelor of Business, various VET sector qualifications, and most recently, another Bachelor of Business enrolment that was also cancelled. The delegate's decision to refuse the visa was under review by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 (Student) visa, specifically whether he was a "genuine applicant for entry and stay as a student" under clause 500.212 of the Regulations. This required the Tribunal to assess whether the applicant genuinely intended to stay in Australia temporarily, intended to comply with visa conditions, and any other relevant matters, having regard to Ministerial Direction 69.

The Tribunal considered the applicant's circumstances in his home country, his immigration history, and the value of his proposed course of study. It noted that the applicant's original student visa was granted for a principal bachelor level course, and his subsequent enrolment in lower-level VET courses after dropping out of his Bachelor of Business constituted a breach of visa condition 8202. The Tribunal found that the applicant's pattern of enrolment and cancellation suggested he was unable to progress in a bachelor-level course and was instead seeking ongoing enrolments in lower-level VET courses to maintain his student visa. This led the Tribunal to conclude that the applicant was not a genuine student and did not intend to reside in Australia temporarily.

Consequently, the Tribunal found that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa. The decision under review was affirmed.