Kamal Saad, a citizen of Lebanon, arrived in Australia on 2 July 2020 as the holder of a Student Class TU subclass 500 visa. Kamal came to study for a Bachelor of Engineering (Mining) at Sydney University. Kamal's Student visa is valid until 30 June 2023. Kamal is a good student and has done well in his course. He would like to go on and do a Master of Petroleum Engineering after the completion of his degree.

Kamal tells you that due to the political situation in Lebanon and his family's involvement in opposition factions in Lebanon, he fears returning. He tells you that on 8 February 2021 he lodged an application for a protection visa and that the application was refused by the Department of Home Affairs on 4 April 2022. He advises you that on 5 April 2022 he applied to the Administrative Appeals Tribunal (AAT) for a review of that decision. This review application is still pending. Kamal says that he understands that he is the holder of a Bridging visa A (that came into effect when his student visa expired and continuing in effect during his appeal at the AAT.)

Kamal is concerned about the refusal of his protection visa application and wants to know if he can still apply for another student visa to study for the Master's degree.Question 1 (15 points)

Does the refusal of his protection visa restrict his eligibility to apply for another student visa onshore? In your answer you should refer to the relevant parts of the Migration Act 1958 and/or Migration Regulations 1994.

You must support your answers by reference to the specific legislative provisions.