RIAZ (Migration)

This matter concerned an appeal by Mr Riaz against the refusal of his application for a Student (Temporary) (Class TU) visa, subclass 500. Mr Riaz had previously held four student visas and was seeking his fifth. The delegate refused his application on the basis that he was not satisfied that Mr Riaz was a genuine temporary entrant, and therefore did not satisfy clause 500.212 of the Migration Regulations 1994. The Tribunal was tasked with undertaking a fresh review of Mr Riaz's application and circumstances.

The primary legal issue before the Tribunal was whether Mr Riaz met the criteria for being a genuine temporary entrant. This required the Tribunal to consider whether Mr Riaz was a genuine student, meaning he was engaged in and progressing academically down an identifiable path, and whether he had a genuine intention to remain in Australia temporarily. In assessing these criteria, the Tribunal was required to consider the matters outlined in Ministerial Direction No. 69, which include the applicant's circumstances, the value of their courses to their future, their immigration history, their incentive to remain in Australia or return home, and whether they were using the student visa program to maintain residence in Australia.

The Tribunal noted that the primary decision had clearly identified the issues under Direction No. 69 that led to the refusal. Mr Riaz was put on notice of these issues and was specifically invited to provide a written statement addressing whether he was a genuine applicant for entry and stay as a student, referencing Direction No. 69. Despite this invitation, Mr Riaz failed to provide the requested statement, instead submitting a list of events and claiming a statement he had sent to his migration agent was lost. The Tribunal found that Mr Riaz had not provided sufficient evidence or argument to satisfy the Tribunal that he met the genuine temporary entrant requirements.