Bin Jokumil (Migration)

The Administrative Appeals Tribunal considered an appeal by Mr. Bin Jokumil, a Malaysian national, against a decision not to grant him a Subclass 500 (Student) visa. The applicant had not responded to an invitation issued under section 359(2) of the Migration Act 1958 (Cth), which meant he was not entitled to appear before the Tribunal. The core of the dispute revolved around whether the applicant met the criteria for a genuine temporary entrant.

The Tribunal was required to determine if the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically clause 500.212, which mandates that an applicant must be a genuine applicant for entry and stay as a student. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily, intended to comply with visa conditions, and considering any other relevant matters. In making this assessment, the Tribunal 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 the applicant's future, and their immigration history.

The Tribunal found that the applicant, a 38-year-old Malaysian national who had completed secondary school many years prior, did not satisfy the genuine temporary entrant criterion. The Tribunal noted that the applicant's stated reason for studying in Australia and the value of the proposed course were not consistent with his current level of education and future job prospects. The Tribunal also considered the applicant's immigration history, including his arrival in Australia on a tourist visa and subsequent application for a student visa while remaining in Australia on a bridging visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, as the criteria for the visa were not met.