Bui (Migration)

The Administrative Appeals Tribunal considered an application by Mr Bui for a Subclass 500 (Student) visa. The dispute concerned whether Mr Bui met the criteria for a genuine temporary entrant, a requirement for the grant of the visa.

The Tribunal was required to determine whether Mr Bui genuinely intended to stay in Australia temporarily, having regard to his circumstances, immigration history, and any other relevant matters, in accordance with clause 500.212(a) of Schedule 2 to the Migration Regulations 1994 and Direction No. 69.

The Tribunal noted that Mr Bui had been in Australia for over 10 years, having first arrived in 2008. He had held multiple student visas and had undertaken several incomplete courses. While he had travelled to Vietnam on multiple occasions, typically during non-study periods, his extended period of stay in Australia and inconsistent statements about his future intentions, including a desire to stay for approximately three more years after completing his current course, raised concerns. The Tribunal found that these factors, when considered as a whole, did not support a finding that Mr Bui genuinely intended to stay in Australia temporarily.

Accordingly, the Tribunal affirmed the decision not to grant Mr Bui a Subclass 500 (Student) visa.