6 July 2022

Talha SHAH
ADAN CONSULTANTS PVT LTD
SUITE 130 & 131, IQBAL SHOPPING COMPLEX
ABBOTTABAD KHYBER PAKHTUNKHWA 22010
PAKISTAN

In reply quote:
Client name Talha SHAH
Date of birth 19 March 2001
Date of visa application 13 January 2022
Application ID 335649019
Transaction reference number EGOS4YLUNT
File number BCC2021/837365
Visa application charge receipt number 9020100204

Transmission method Email sent to zac.adan@gmail.com

Dear Talha SHAH

Notification of refusal of application for a Student (Temporary) (class TU) Student

(subclass 500) visa

Refused applicant
I wish to advise you that the application for this visa has been refused on 06 July 2022 for the
following applicant:

Client name Talha SHAH

Date of birth 19 March 2001

The applicant did not satisfy the provisions of the Migration Regulations 1994.

The attached decision record provides detailed information about this decision as it applies to
this applicant.

Review rights
There is no right of merits review for this decision.

Receiving this letter

As this letter was sent to you by email, you are taken to have received it at the end of the day
it was transmitted.

Student Visa Processing Centre

Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
 -2-

Questions about this decision

We cannot consider your visa application any further.

Visa application charge

The visa application charge which has already been paid can only be refunded in limited
circumstances, regardless of the application outcome.

A receipt for your payment is available through your ImmiAccount.

Yours sincerely

Michelle
Position number: 60003325
Department of Home Affairs

The original of this letter including any attachments was sent to:
Zahoor Ahmed CHUAGHTAI
ADAN CONSULTANTS PVT LTD
zac.adan@gmail.com

Student Visa Processing Centre

Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
 DECISION RECORD

Application details
Visa class Student (Temporary) (class TU) Student
(subclass 500)
Stream (main applicant only) Vocational Education and Training Sector
Date of visa application 13 January 2022
Transaction reference number EGOS4YLUNT
Application ID 335649019
File number BCC2021/837365
Visa application charge receipt number 9020100204

Client name Talha SHAH

Date of birth 19 March 2001
Client ID 84200730999
Visa subclass stream Vocational Education and Training Sector

The applicant’s claims

The applicant applied for a Student (Temporary) (class TU) Student (subclass 500) visa.

Information and evidence considered

I am a delegated decision maker under section 65 of the Migration Act 1958. In reaching my
decision, I have considered the following:

● relevant legislation contained in the Migration Act and Migration Regulations 1994
● relevant policy and procedural information on LEGEND
● documents and information provided by the applicant(s)

Findings
On the basis of all the information available to me, including the documents and information
the applicant provided, I find that the criteria for the grant of a Student visa are not met by the
applicant.

Reasons
I have assessed the application and the reasons for my decision are detailed below.

A valid application for a Student visa has been made by the applicant.

A visa cannot be granted unless the relevant criteria set out in the Migration Act and the
Migration Regulations are satisfied.

Student Visa Processing Centre

Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
 -2-

In this case, I am not satisfied that clause 500.212 in Schedule 2 of the Migration
Regulations is satisfied. This clause provides that:

500.212
The applicant is a genuine applicant for entry and stay as a student because:
(a) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the
applicant; and
(iv) any other relevant matter; and
(b) the applicant intends to comply with any conditions subject to which the visa is granted, having
regard to:
(i) the applicant’s record of compliance with any condition of a visa previously held by the
applicant (if any); and
(ii) the applicant’s stated intention to comply with any conditions to which the visa may be
subject; and
(c) of any other relevant matter.

This clause is also known as the genuine temporary entrant criterion.

Ministerial Direction No 69 - Assessing the genuine temporary entrant criterion for Student
and Student Guardian visa applications sets out the factors that must be taken into account
when assessing the genuine temporary entrant criterion for Student visa applications. This
Ministerial Direction is made in accordance with section 499 of the Migration Act. Further
information is available at: immi.homeaffairs.gov.au/Visa-subsite/files/direction-no-69.pdf

In summary, these factors include:

● the applicant’s circumstances in their home country, including the applicant’s economic
situation, political and civil unrest in the applicant’s home country, the extent of the
applicant’s personal ties to their home country, whether the applicant has sound
reasons for not studying in their home country if a similar course is available, and
military service commitments that would present as a significant incentive for the
applicant not to return to their home country
● the applicant’s potential circumstances in Australia, including the extent of the
applicant’s ties with Australia that present as a strong incentive to remain in Australia,
evidence that the student visa program may be used to circumvent the intention of
the migration program, whether the Student visa or the Student Guardian is being
used to maintain ongoing residence, the applicant’s knowledge of living in Australia,
and whether the primary and secondary applicants have entered into a relationship of
concern
● the value of the course to the applicant’s future, including the course’s consistency with
the applicant’s current education level, whether the course will assist the applicant to
gain employment in their home country, relevance of the course to the applicant’s past
or future employment in their home country or a third country, and remuneration and

Student Visa Processing Centre

Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
 -3-

career prospects in the applicant’s home country or a third country to be gained from the
course
● the applicant's immigration history, including visa and travel history for Australia and
other countries, previous visa applications for Australia or other countries, and previous
travels to Australia or other countries
● if the applicant is a minor, the intentions of a parent, legal guardian or spouse of the
applicant

Any other matter relevant to the applicant’s intention to stay in Australia temporarily must
also be considered. These factors have been weighed up to make an overall decision.

In considering whether the applicant met the genuine temporary entry criterion I had regard
to the following factors, consistent with clause 500.212 and Ministerial Direction No 69. The
factors were used to weigh up the applicant's circumstances as a whole, in reaching a finding
about whether they satisfy the genuine temporary entrant criterion.

I have given regard to all the information in the application provided to support the applicant’s
claims, along with the information provided in a telephone interview with a Departmental
Officer on 5 May 2022.

I have given regard to the applicant’s circumstances in their home country. The applicant
has provided evidence of completion of a Diploma in Office Automation in 2021 in their
home country. I have considered the extent of the applicant’s personal ties to their home
country and whether these circumstances would serve as a significant incentive to return
to their home country. I acknowledge the applicant has personal ties in their home country
in the form of their parents and siblings. However, I find these ties do not, of themselves,
constitute a strong incentive for the applicant to return to their home country. I have taken
into account the applicant’s economic circumstances in their home country. The applicant
has not provided evidence of ownership of any assets in their own name or any business
ties in their home country. I acknowledge that culturally property passes to children but this
does not constitute property ownership. The applicant has provided evidence of employment
with Saleem Mobile Zone. I note the applicant has provided a list of job vacancies but
no evidence of any potential employment prospects to return to in their home country
or elsewhere overseas has been provided. Therefore, the applicant has been unable to
demonstrate sufficient economic ties to their home country, which diminishes their incentive
to return upon completion of their studies. On balance I therefore have concerns as to the
applicant’s incentive to return to their home country upon completion of their proposed
studies in Australia.

I have given regard to the applicant’s circumstances in Australia. The applicant is proposing
to undertake General English: Elementary to Upper Intermediate a Diploma of Information
Technology and an Advanced Diploma of Information Technology in Australia. I have
considered the applicant’s knowledge of living in Australia and their intended course of study
and education provider. The applicant has provided a Statement of Purpose (SoP). In the
SoP they have responded to the previous refusal and provided further detailed knowledge
of their education provider, course of study and living in Australia. However, during the
interview, when the applicant was questioned on more specific details regarding why they
had chosen the proposed Education Provider and studying in Australia, the applicant was
not able to give the same level of detail as provided in their SoP nor addressed the previous
concerns raised in their response to the refusal. When asked about why the applicant chose
their education provider they stated they offer ELICOS and good diplomas. They have

Student Visa Processing Centre

Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
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advance computers and the classroom size were small. The degree has good value and the
location was good and can find transport easily. During the interview, it was noted by the
interviewing officer the applicant was reading from a document raising further concerns over
applicants knowledge. Overall, I am not satisfied they have conducted sufficient research
into their proposed study or education options available to them in and outside Australia
which would be expected of a genuine student. I therefore consider that the applicant has not
demonstrated a reasonable level of knowledge that an applicant would be expected to know
regarding their potential circumstances in Australia.

I have given regard to the value of the course to the applicant’s future. In their SoP, the
applicant has stated: “After the studies I will return back to my country and will be entitled
for lucrative job in the leading multinational companies, banks & developed financial
institutions, corporate bodies, high ranking universities, corporations, trade, commerce and
export/import concerns and local as well as international airlines, top class IT companies
working in Pakistan etc… because after the quality Australian education, I will be capable of
dealing with a broad range of people and companies.” Although the applicant has referred
to how obtaining an Australian qualification would aid them in expanding their career
potential, they have not provided evidence of research into the pre-requisites of obtaining
this employment. I have also considered the applicants response to the previous refusal.
Additionally, during the interview the applicant was not able to demonstrate the same level
of knowledge regarding how the Australian qualification would be of benefit to them and their
future. I find the applicant did not provide a detailed or convincing testimony at interview
that matched the level of detail given in their SoP as to how this Australian qualification
would assist them in achieving their goals in comparison to a qualification, which could be
acquired domestically. Considering the time and effort the applicant would be investing to
pursue these qualifications that they state will enable them to achieve this goal, I do not
consider it unreasonable to expect the applicant to provide this or similar information and
evidence to substantiate any claims made. Therefore, I am not satisfied that the applicant
has demonstrated the value of the proposed study to their future.
I have given regard to the applicant’s immigration history. The applicant has declared that
they had a Student visa refused. I find that their personal circumstances have not changed
significantly since their previous application and that the previous visa refusal is a relevant
matter as to their genuine intention to remain in Australia temporarily.

As the applicant is over 18 years of age, the intention of the applicant’s parent(s), legal
guardian or spouse was not relevant to my assessment.
I have given regard to whether there is any other matter that is relevant to the assessment of
the applicant’s genuine intention to temporarily stay in Australia, and I find that there are no
other relevant matters for consideration.

Based on the information before me and my assessment detailed above, I am not satisfied
that the applicant meets clause 500.212.

Conclusion
After weighing up these factors as a whole, I am not satisfied that the applicant intends
genuinely to stay temporarily in Australia.

Decision
As clause 500.212 is not met by the applicant, I find the criteria for the grant of a Student visa
are not met by the applicant. Therefore, I refuse the application by the applicant for a Student
visa.

Student Visa Processing Centre

Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
 -5-

Assessment against the criteria of other subclasses in class TU

As the application was not made on Form 157G (Application for a Student Guardian visa), I
have not considered the application against the subclass 590 Student Guardian visa criteria
in this visa class.

Yours sincerely

Michelle
Position Number: 60003325
Department of Home Affairs

06 July 2022

Student Visa Processing Centre

Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au
 -6-

Student Visa Processing Centre

Department of Home Affairs
WEBSITE: www.homeaffairs.gov.au