CHAU (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student) visa, made by an applicant who is a citizen of Hong Kong. The delegate had refused to grant the visa on the basis that the applicant was not a genuine applicant for entry and stay in Australia temporarily as a student, failing to satisfy clause 500.212 of Schedule 2 to the Migration Regulations 1994. The applicant sought review of this decision by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant was a genuine applicant for entry and stay as a student, as required by clause 500.212 of the Regulations. This required the Tribunal to assess whether the applicant genuinely intended to stay in Australia temporarily and intended to comply with visa conditions, having regard to various factors including her circumstances, immigration history, and any other relevant matters, as guided by Direction No. 69.

The Tribunal found that the applicant did not satisfy the genuine temporary entrant criterion. This conclusion was based on several factors, including concerns about her academic progress and the lack of evidence of successful course completion despite repeated enrolments in similar English courses. The applicant provided inconsistent and evasive answers when questioned about her academic history and the reasons for not providing evidence of completion. Furthermore, her immigration history, including the timing of her visa application and her previous non-compliance with study conditions, raised concerns that she was using the student visa program to maintain ongoing residency in Australia rather than for genuine study purposes.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a Student (Temporary) (Class TU) visa.