Ahmad (Migration)

This matter concerned an appeal by the applicant, Ahmad, against a decision of the Administrative Appeals Tribunal (the Tribunal) which affirmed the refusal to grant her a Subclass 500 (Student) visa. The applicant had sought to study an English language course in Australia.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 (Student) visa, specifically the requirement under clause 500.212 of Schedule 2 to the Regulations that the applicant be a "genuine applicant for entry and stay as a student". This involved assessing whether the applicant genuinely intended to stay in Australia temporarily.

In determining this issue, the Tribunal was required to have regard to Direction No. 69, which outlines factors to consider when assessing the genuine temporary entrant criterion. These factors include the applicant's circumstances in their home country and Australia, the value of the course to their future, their immigration history, and any other relevant information. The Tribunal considered the applicant's stated intention to study English to improve her career prospects as a billing associate, noting that many in her home country prefer to speak Malay. However, the Tribunal also noted that the applicant spoke English fluently, was enrolled in a Diploma of Remedial Massage with no clear relation to her stated career plans, and had limited personal ties to her home country.

The Tribunal concluded that the applicant did not satisfy the criteria for the grant of a Subclass 500 (Student) visa. Accordingly, the Tribunal affirmed the decision not to grant the visa.