SYED MAZHAR ALI ABEDI (Migration)

This matter concerned an appeal by Syed Mazhar Ali Abedi against the refusal of his application for a Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The application was refused by the delegate on 3 October 2016, who was not satisfied that Mr. Abedi met the Genuine Temporary Entrant (GTE) criteria, specifically clause 572.223. Mr. Abedi appealed this decision to the Tribunal.

The primary legal issue before the Tribunal was whether Mr. Abedi satisfied the criteria for the grant of a student visa, with a particular focus on the Genuine Temporary Entrant requirement. To satisfy this criterion, an applicant must demonstrate they are both a genuine student, engaged in a meaningful program of study, and a genuine temporary entrant, with circumstances indicating an intention to remain in Australia temporarily. The Tribunal was required to consider Ministerial Direction No. 53, which outlines various factors to be weighed in assessing an applicant's GTE status, including their personal circumstances, the value of their course to their future, their immigration history, their incentives to remain in or depart Australia, and whether they are using the student visa program for ongoing residence.

The Tribunal reviewed Mr. Abedi's application and his stated circumstances. He had completed a Bachelor of Engineering in Electronic Communications and had intended to pursue a Master of IT, though he provided no evidence of these studies. He then commenced a Certificate III and Certificate IV in Commercial Cookery but had not studied for a couple of years without explanation. Mr. Abedi stated he worked 20 hours per week in two restaurants, and that one restaurant had offered him sponsorship upon completion of a Diploma, which he believed would allow him to remain in Australia. However, at the hearing, Mr. Abedi confirmed he was not currently enrolled in any course and did not hold a current offer of enrolment. The Tribunal noted its role was to conduct a fresh review of the application.