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Refuse to grant a Student Visa

The applicant arrived in Australia in 2007 and lodged an application for a Student Visa. The applicant enrolled into 5 courses from 2007 to 2011, they were all cancelled. He then enrolled into another course that runs from 2011 to 2013. He also did not achieve the required results in his IELTS test.

The Department of Immigration & Citizenship refused to grant the visa on the basis that the applicant was not a genuine applicant for entry and stay as a student because the applicant did not meet the assessment level requirement of the Student Visa.

After the applicant’s application for the Student Visa was refused, ISL was instructed to appeal the decision to the Migration Review Tribunal.

Before the Member, ISL submitted that objectively the applicant had a bad start to his studies and he did not have the best records though had been conscientious in relation to his current course. ISL also submitted evidence of this to the Tribunal including updated IELTS results, Confirmation of Enrolment and evidence of financial capacity for the current course.

The Tribunal considered the evidence and arguments put forth and found that the applicant satisfied the requirements and assessment level to which he is subject to. Accordingly, the Tribunal has remitted the application for a Student Visa for reconsideration.

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