CHINDER PAL KAUR (Migration)

This matter concerned an application for review of a decision to refuse a Student (Temporary) (Class TU) visa, Subclass 572 (Vocational Education and Training Sector), by the applicant, Chinder Pal Kaur. The applicant, a national of India, had arrived in Australia in 2013 on a subclass 572 visa. She had been granted subsequent student visas, with her most recent visa ceasing on 13 May 2016, the same day she applied for a subclass 573 student visa. The delegate refused this application, finding the applicant was not a genuine temporary entrant (GTE). The applicant sought review of this decision before 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 cl.573.223 of the Migration Regulations 1994. This assessment required consideration of various prescribed matters, including the applicant's circumstances, immigration history, academic progress, study history, potential circumstances in Australia, and the value of the courses to her future. The Tribunal was also required to determine if the applicant met the specific requirements of subclause (2) of cl.573.223, which involved providing evidence in accordance with Schedule 5A and satisfying the Minister of her genuine intention to comply with visa conditions and her financial capacity.

The Tribunal affirmed the delegate's decision, finding that the applicant did not meet the criteria for the grant of a Subclass 573 visa. The Tribunal noted an extended gap in the applicant's studies, a lack of ongoing interest in her field of study, and insufficient academic progress. Furthermore, the Tribunal considered the applicant's immigration history, including her separation from her husband who had returned to India, and concluded that she had not satisfied the delegate, and subsequently the Tribunal, that she was a genuine temporary entrant. As there was no evidence suggesting eligibility for a student visa of another subclass, the decision under review was affirmed.