Shirdashtzadeh (Migration)

The Administrative Appeals Tribunal considered the application of Ms Shirdashtzadeh for a Student (Temporary) (Class TU) visa, subclass 500. The delegate had refused to grant the visa on the basis that Ms Shirdashtzadeh was not considered a genuine temporary entrant to Australia for the purpose of study, failing to satisfy clause 500.212 of the Migration Regulations.

The central legal issue before the Tribunal was whether Ms Shirdashtzadeh met the criteria for being a genuine temporary entrant for entry and stay in Australia as a student. In determining this, the Tribunal was required to have regard to Direction No 69, which outlines specific factors to consider, including the applicant's circumstances in their home country, potential circumstances in Australia, the value of the proposed course to their future, and their immigration history. The Tribunal noted that these factors are intended as guidance and not a checklist, with the overall circumstances being paramount.

The Tribunal observed that Ms Shirdashtzadeh, an Iranian national, had been in Australia since September 2014 and had not returned to her home country. Prior to her arrival, she held a Master of Science in Microbiology and a Bachelor of Science, and had professional experience as a lab technician, research assistant, English instructor, and lecturer. Since arriving in Australia, she had completed a Master of Engineering Science and was currently pursuing a Doctor of Philosophy in Engineering, a course for which she underwent an interview process and secured a full university scholarship. The Tribunal considered these factors, including the scholarship and the rigorous entry requirements for her doctoral studies, in its assessment.

The Tribunal concluded that the matter should be remitted for reconsideration of the criteria for a subclass 500 Student visa.