A group of graduates throwing graduation caps in the air
A group of graduates throwing graduation caps in the air

Foreign student sent home after failing to finish courses

A Pakistani student who has been living in Australia on student and bridging visas for more than eight years without barely finishing a single course has failed in his bid to stay in Australia on a third visa after a tribunal found his main aim was to live in Australia and not to study.

Federal Circuit Court Judge Greg Egan last week upheld a ruling by the Administrative Appeals Tribunal (AAT) that student Saqib Noor's failure to complete a single one of seven courses including university degrees, diplomas and certificates since 2012 showed his application for a third student visa was "made with the primary objective of maintaining ongoing residency in Australia".

The only course he did complete was a certificate IV in professional accounting, the court decision states.

Student visas are given to people who have a genuine intention to remain in Australia temporarily, to study, the AAT found.

Mr Noor told the AAT that he needed a Bachelor of Business from an Australian university in order to return to Pakistan and work in his father's fast food restaurant.

Judge Egan noted the AAT pointed out that Mr Noor had "failed to explain in any meaningful detail, why he requires a Bachelor of Business in order to work in his father's fast food restaurant in Pakistan".

Mr Noor first came to Australia to study on November 4, 2012 and after enrolling but not completing various courses ranging from diplomas to degrees in business management and accounting he applied for his third student visa on September 29, 2018, the court decision states.

Mr Noor had previously switched his course between a Bachelor of Business and a Bachelor of Accounting twice.

His bid for a third student visa was rejected by the Department of Home Affairs on January 11, 2019.

Mr Noor then appealed to the Administrative Appeals Tribunal, which rejected his case on November 29, 2019.

He then appealed to the Federal Circuit Court.

He was able to remain in Australia while his cases were before the courts.

For six months in 2017 he was not enrolled in any course, which was contrary to his visa conditions.

He only returned to Pakistan twice over the past seven years, despite having a fiancee back home.

She had never travelled to visit him in Australia, the court heard.
Judge Egan ruled that Mr Noor's appeal had failed because he failed to show the AAT had made a mistake in his case.

 

Originally published as Serial student's visa rejected after 8-year uni course fail


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