Anjum (Migration)

The Administrative Appeals Tribunal considered an application for a student visa made by the Applicant, who sought to undertake a Master of Professional Accounting course in Australia. The Applicant had provided a Confirmation of Enrolment for the course, which was due to commence on 14 September 2020 and conclude on 5 December 2021.

The central legal issue before the Tribunal was whether the Applicant met the criteria of being a "genuine applicant for entry and stay as a student" as stipulated by clause 500.212 of the Migration Regulations 1994 (Cth). This criterion requires the Tribunal to be satisfied that the applicant is authentic, intends to stay in Australia temporarily, and intends to comply with all visa conditions.

The Tribunal reasoned that the ordinary meaning of "genuine" implies authenticity and truthfulness. Drawing on case authorities, the Tribunal outlined that to satisfy the genuine applicant criterion, it must be satisfied on three fronts: that the applicant is a genuine applicant for entry and stay as a student; that the applicant genuinely intends to stay in Australia temporarily; and that the applicant intends to comply with visa conditions. The Tribunal noted that considerations relevant to the latter two points would significantly inform its assessment of the first point. The Tribunal was satisfied that the Applicant's enrolment was valid and current, thus meeting the criteria in clause 500.211.