Alves Silva (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by Alves Silva. The applicant sought review of a decision by the Minister's delegate to refuse her visa application.

The central legal issue before the Tribunal was whether the applicant was a genuine temporary entrant, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994. This required the Tribunal to assess whether the applicant genuinely intended to stay in Australia temporarily, having regard to her circumstances, immigration history, and any other relevant matters, and whether she intended to comply with visa conditions.

The Tribunal was guided by Direction No. 69, which outlines factors to consider when assessing the genuine temporary entrant criterion. These factors include the applicant's circumstances in her home country and potential circumstances in Australia, the value of the proposed course, her immigration history, and any other relevant information. The applicant had previously entered Australia on a tourist visa and subsequently applied for a student visa, which was refused. She stated her intention to study English to pursue a Master's degree in "administration" in Brazil, explaining that some Brazilian educational institutions use English for teaching and in textbooks. However, the Tribunal found that the applicant did not satisfy the criteria for the grant of a Subclass 500 (Student) visa.

Consequently, the Tribunal affirmed the decision of the Minister's delegate not to grant the applicant a Student (Temporary) (Class TU) visa.