Zaheer (Migration)

The Administrative Appeals Tribunal (AAT) reviewed a decision by a delegate of the Minister for Home Affairs to refuse Mr Muhammad Khalid Zaheer a Student (Temporary) (Class TU) visa. Mr Zaheer applied for the visa to undertake study in Australia, specifically a Subclass 500 (Student) visa. The delegate's refusal was based on the applicant not satisfying clause 500.212 of Schedule 2 to the Migration Regulations 1994, as the delegate was not satisfied that Mr Zaheer genuinely intended to remain in Australia temporarily.

The primary legal issue before the Tribunal was whether Mr Zaheer met the criteria for being a genuine applicant for entry and stay as a student, as stipulated in clause 500.212 of the Migration Regulations. This required the Tribunal to assess whether Mr Zaheer genuinely intended to stay in Australia temporarily, considering his circumstances, immigration history, and any other relevant matters, and whether he intended to comply with visa conditions. In making this assessment, the Tribunal was required to have regard to Direction No. 69, which outlines specific factors to consider when assessing the genuine temporary entrant criterion.

The Tribunal affirmed the delegate's decision, finding that Mr Zaheer was not a genuine temporary entrant. The Tribunal noted that Mr Zaheer, a citizen of Pakistan, had been in Australia since 2013 and had yet to complete a degree course despite multiple enrolments. His course choices appeared similar and lacked clear value for his future career, and he had previously been nominated for a skilled visa by an employer, which was later withdrawn. The Tribunal considered that Mr Zaheer's prolonged stay in Australia, coupled with his academic progression and the circumstances surrounding his visa applications and study history, suggested he might be using the student visa program to maintain residency rather than genuinely intending to study temporarily. The Tribunal was not persuaded that the incentives for Mr Zaheer to return to his home country outweighed the attractions of remaining in Australia.