Riyadh (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision by the Minister to refuse to grant a Student (Temporary) (Class TU) visa, subclass 500, to the applicant. The applicant sought to pursue a Master of Business Administration (MBA) course in Australia.

The Tribunal was required to determine whether the applicant was a genuine applicant for entry and stay as a student temporarily, and whether the proposed course of study was of value to the applicant’s future. The Tribunal also considered the applicant's study progress and current enrolment status.

In its reasoning, the Tribunal acknowledged the applicant's current enrolment in the MBA program and the positive study progress demonstrated. It found that the applicant had provided sufficient evidence to satisfy the criteria for a genuine student visa. The Tribunal applied the principles established in migration law concerning the assessment of genuine temporary entrant and the value of proposed study to an applicant's future prospects.

Consequently, the Tribunal remitted the decision to the Minister for reconsideration, with a direction that the visa be granted.