Campo Zambrano (Migration)

This matter concerned an appeal by the applicant, Campo Zambrano, against a decision to affirm the refusal of a Subclass 500 (Student) visa. The applicant had enrolled in an English language course in Australia but discontinued their studies. A pending Parent visa application was also noted. The core of the dispute revolved around whether the applicant genuinely intended to stay in Australia temporarily, as required by the visa criteria.

The Tribunal was required to determine if the applicant satisfied the genuine temporary entrant criterion under clause 500.212 of Schedule 2 to the Migration Regulations 1994. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily, considering their personal circumstances, immigration history, and any other relevant matters. The Tribunal was also directed to have regard to Direction No. 69, which outlines specific factors to be considered when assessing this criterion, including the applicant's circumstances in their home country and potential circumstances in Australia, the value of the course to their future, and their immigration history.

In reaching its decision, the Tribunal considered the applicant's age, their previous employment as a truck driver with a stated earning of approximately $30,000 per annum in their home country, and the fact that they had graduated from high school in 1993. The Tribunal also noted that the applicant had discontinued their English language studies in Australia. The Tribunal's assessment, guided by Direction No. 69, led it to conclude that the applicant did not genuinely intend to stay in Australia temporarily, suggesting an intention to live in Australia permanently due to strong ties with the country. Consequently, the Tribunal affirmed the decision under review.