The Diploma in Business Management

Running head: MIGRATION LAW
MIGRATION LAW
Name of the Student
Name of the University
Author Note

MIGRATION LAW1
QUESTION 1
The detailed case summary gives a view that the applicant, a 23 year old female
Pakistani Citizen applying for a Student Subclass 500 visa for pursuing a study course in
Diploma in Business Management and a Bachelor of Professional Accounting, has been
rejected by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs
citing the adequacy of the requirements under clause 500.212(a) in the Schedule 2 of the
Migration Regulations 1994 (Cth), on the grounds that the application of the applicant was it
genuine1. However, going through the details of the applicant, it could be judged that her
application has some merit and therefore, it is suggested that she could apply for an appeal
before the Administrative Appeals Tribunal (AAT). It is the AAT that look into the
circumstances, immigration history and other relevant data of the applicant who files for an
appeal2.
QUESTION 2
The Direction No. 69 passed by Petter Dutton Honorable Minister for Immigration
and Border Protection that assess the genuinity of the Temporary Entrant Criterion for
Student Visa as under the purview of section 499 of the Migration Act 1958 (Cth) shall
prevail even though Peter Dutton does not holds the position of the Minister for Immigration
and Border Protection3. It is so because this provision works under the purview of section 499
of the Migration Act 1958 and it is applicable over the delegates who perform the functions
under section 65 of the same legislation4. Direction No 69 draws its applicability from the
Migration Act 1958 and therefore it would not be affected by the fact whether Peter Dutton
holds the office of Minister for Immigration and Border Protection.
1 Migration Regulations 1994 (Cth), Clause 500.212.
2 "Student Visa Refusals (Genuine Stay) | Administrative Appeals Tribunal", Aat.Gov.Au (Webpage, 2019)
<https://www.aat.gov.au/fact-sheets/migration-and-refugee-review-fact-sheets/student-visa-refusals-genuine-
stay>.
3 "DIRECTION NUMBER 69 – ASSESSING THE GENUINE TEMPORARY ENTRANT CRITERION FOR
STUDENT VISA AND STUDENT GUARDIAN VISA APPLICATIONS", Immi.Homeaffairs.Gov.Au
(Webpage, 2019) <https://immi.homeaffairs.gov.au/Visa-subsite/files/direction-no-69.pdf>.
4 Migration Act 1958 (Cth), s 65, 499.