Atta (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant had previously been in Australia on student visas for over six years, during which time she had completed one Certificate and seven Diplomas in business, marketing, and accounting. The applicant's stated intention upon arrival was to utilise these qualifications to obtain employment as a business manager in her home country. The Tribunal was required to determine whether the applicant was a genuine applicant for entry and stay as a student, specifically whether she genuinely intended to stay in Australia temporarily.

The Tribunal considered the criteria for a Subclass 500 visa, particularly clause 500.212 of Schedule 2 to the Regulations, which requires an applicant to genuinely intend to stay in Australia temporarily. This assessment was guided by Direction No. 69, which outlines factors to consider, including the applicant's circumstances in their home country, potential circumstances in Australia, the value of the course to their future, and their immigration history. The Tribunal noted that the applicant had not sought employment in her home country or in Australia since her arrival, nor had she returned home to utilise her previously obtained qualifications.

The Tribunal found that the applicant's extensive period of study in Australia, coupled with her failure to seek employment or return home to utilise her qualifications, raised doubts about her genuine intention to stay temporarily. The applicant's stated intention to work as a business manager had not been pursued, and she had not provided evidence of efforts to do so. Consequently, the Tribunal concluded that the applicant did not satisfy the genuine temporary entrant criterion.

As the primary applicant did not meet the relevant criteria, the dependent applicants also failed to meet their respective criteria. The Tribunal affirmed the decisions not to grant the applicants Student (Temporary) (Class TU) visas.