1507964 (Migration)

This matter concerned an appeal by Miss Sun against a decision of the Department of Immigration and Border Protection to refuse her application for a Student (Temporary) (Class TU) visa. The Administrative Appeals Tribunal was required to consider whether Miss Sun satisfied the criteria for a Subclass 572 Vocational Education and Training Sector visa, specifically whether she genuinely intended to stay in Australia temporarily, having regard to her circumstances, immigration history, and other relevant matters.

The Tribunal was tasked with determining if Miss Sun genuinely intended to remain in Australia temporarily. This involved assessing her current enrolment in a Diploma of Web Development at Wells International College, her stated intention to pursue further studies, her financial dependence on her parents in China, her employment history, and her previous study experiences. A significant aspect of the assessment was her immigration history, including a prior student visa refusal and her cessation of studies. The Tribunal also considered evidence regarding a motor vehicle accident she had in 2012 and its impact on her studies and psychological well-being.

The Tribunal found that, as at the date of its decision, Miss Sun was enrolled in a Diploma of Information Technology at Clarendon Business College, a course specified for Subclass 572 visas. While acknowledging that future enrolment was uncertain, the Tribunal concluded that Miss Sun met the criteria under cl.572.231 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration with a direction that Miss Sun met this specific criterion.