Shah (Migration)

The case of *Shah (Migration)* concerned an application for a Student (Temporary) (Class TU) visa, specifically Subclass 572 Vocational Education and Training Sector. The applicant sought review of a decision not to grant this visa. The primary issue before the Tribunal was whether the applicant met the criterion in clause 572.223, which requires the Minister to be satisfied that the applicant is a genuine applicant for entry and stay as a student, intending genuinely to stay in Australia temporarily.

To determine this, the Tribunal was required to consider the applicant's circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 53. This Direction outlines factors to be considered, including the applicant's circumstances in their home country and potential circumstances in Australia, the value of the course to their future, their immigration history, and any other relevant information. The Direction emphasizes that these factors are guides for a holistic assessment rather than a checklist.

The Tribunal noted the applicant's previous enrolment in a Bachelor of Business (Accounting) degree and a Diploma of Management, neither of which were completed. While the applicant initially cited relationship distractions and hypertension for not completing these courses, during the hearing, the applicant attributed difficulties to differences in teaching methods compared to Pakistan. The applicant subsequently completed a Certificate IV in Commercial Cookery and a Diploma of Hospitality, both specialising in commercial cookery. Despite these completed courses, the Tribunal concluded that the applicant did not satisfy the genuine temporary entrant criterion.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa, finding that the applicant did not meet an essential requirement for the grant of such a visa. The Tribunal also found no material before it to suggest the applicant met the criteria for a Subclass 580 (Student Guardian) visa.