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Australian Government Department of Immigration and Citizenship

Client File Number: CLF2011/91576 Aamir MUHAMMAD OFFICE# 3, 1ST FLOOR, AGHAAZ PLAZA F-8 MARKAZ ISLAMABAD 44000 PAKISTAN Permission Request ID: 2110542300 Client ID : 93814216694 Muhammad WAQAS Dear Aamir MUHAMMAD Application for a Class TU visa by Muhammad WAQAS lodged on 09 June 2011. After assessment against the relevant migration legislation, I have decided to refuse the grant of a visa to the above mentioned applicant. The reasons for the decision are set out in the attached decision record. Please note that this decision is not subject to merits review and there is no refund of the visa application charge. If the applicant wishes to apply for another visa in the future, they may do so. The applicant should be aware that a new non-refundable visa application charge will apply. Yours sincerely John Maidorn Delegate of the Minister for Immigration Position No: 60000368 20 September 2011

29/11/1987

Decision Record Client ID: Applicant Name of Applicant (intending student): Application details Visa class: Student (Temporary) (Class TU) Date lodged: 09 June 2011 Migration law and prescribed criteria The legal criteria for the grant of a student visa are set out in the Migration Act 1958 and the Migration Regulations 1994. All applicants are assessed against these criteria, and there is no discretion for decision-makers to grant a visa to an applicant who does not satisfy all the relevant criteria. Intended course(s) Confirmation of Enrolment number(s): 4B70D025 4B70CF49 Assessment Muhammad WAQAS The applicant is enrolled in, or has been offered a place in, a principal course of study that has been specified by Gazette Notice as a type of course for a subclass 572 visa. Accordingly, the applicant has been primarily assessed against the criteria for the grant of a subclass 572 visa. The applicant did not satisfy Regulation 572.223(2)(a)(ii)(A) for the following reasons: DIAC officers at the Australian High Commission Pakistan interviewed the applicant on 14/09/2011. The applicant has not done any independent research into the proposed course, and has no knowledge of what the course entails. The applicant claimed to have been working in the same job for two years, but was unable to give a description of his job or what was meant by the duties he is supposed to do. Based on the outcome of this interview, I am not satisfied that the applicant would comply with the conditions of this visa, as required by Regulation 572.223(2)(a)(ii) Muhammad WAQAS 93814216694

The criteria in the subclass 572 visa regulations that the applicant(s) did not satisfy are set out at the end of this decision record. The applicant(s) have also been considered against the other subclasses within Student (Temporary) (Class TU): subclasses 570, 571, 573, 574, 575 and 576. The applicant did not satisfy the primary criteria for any of these subclasses because they: were not enrolled in, or had not been offered a place in, a principal course of study that had been specified by Gazette Notice as a type of course for any of these subclasses (Regulation 570.232, 571.232, 573.231, 574.231 and 575.231); and

did not have the support of the AusAID Minister or the Defence Minister for the grant of the visa (Regulation 576.229).

The applicant did not satisfy the secondary criteria for the grant of any subclass of student visa within Student (Temporary) (Class TU) because they are not a member of the family unit of a person who: is the holder of a subclass of student visa within Student (Temporary) (Class TU); or satisfies, or has satisfied, the primary criteria for the grant of a subclass of student visa within Student (Temporary) (Class TU) (Regulation 570.322, 571.322, 572.322, 573.322, 574.322 and 575.322); and had the support of the AusAID Minister or the Defence Minister for the grant of the visa (Regulation 576.322). As the application was not made on form 157G (Application for a Student Guardian visa), it was not a valid application for grant of a subclass 580 Student Guardian visa (Item 1222(1)(ca) of the Migration Regulations). Decision I am not satisfied that the applicant(s) in this case satisfy the prescribed criteria for any subclass of visa within Student (Temporary) (Class TU). I therefore refuse to grant a Student (Temporary) (Class TU) visa to the applicant(s) listed above. John Maidorn Delegate of the Minister for Immigration Position No: 60000368 20 September 2011

Criteria in the Migration Regulations not satisfied Regulation 572.223(2)(a)(ii)(A) (2) An applicant meets the requirements of this subclause if: (a) for an applicant who is not a person designated under regulation 2.07AO: (ii) the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to: (A) the stated intention of the applicant to comply with any conditions subject to which the visa is granted.