DA SILVA PEREIRA JUNIOR (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision to refuse this visa. The core of the dispute revolved around whether the applicant met the criteria of being a "genuine applicant for entry and stay as a student," as stipulated by clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, as mandated by clause 500.212(a) of the Regulations. This assessment necessitated consideration of Direction No. 69, which guides decision-makers on factors relevant to the genuine temporary entrant criterion. These factors include the applicant's circumstances in their home country and potential circumstances in Australia, the value of the proposed course to the applicant's future, and their immigration history.

In reaching its decision, the Tribunal applied the principles outlined in Direction No. 69. It considered the applicant's prior study in their home country, which was not completed, and their employment history, noting a lack of disclosed earnings. The Tribunal found that the applicant had not satisfied the criteria for the grant of a Subclass 500 (Student) visa.

Consequently, the Tribunal affirmed the decision under review, meaning the applicant was not granted the Subclass 500 (Student) visa.