DIMITRAKOPOULOS (Migration)

This matter concerned an appeal by a Greek national, aged 59, and his wife, a Bulgarian national, aged 50, against the decision to refuse them Student (Temporary) (Class TU) visas, subclass 500. The applicants had arrived in Australia in 2013 and had undertaken a series of English language and vocational courses, culminating in enrolment in an Advanced Diploma of Management (Human Resources). The delegate had refused the visas, finding that the applicant had not demonstrated how his proposed course would enable him to achieve his career goals, had only completed short and inexpensive courses, and lacked a strong incentive to return to Greece given his age and the retirement age in his home country.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay in Australia temporarily, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994. This required the Tribunal to consider the applicant's circumstances in his home country, his potential circumstances in Australia, the value of the course to his future, his immigration history, and any other relevant matters, in accordance with Direction No. 69. The Tribunal also considered whether the applicant intended to comply with the visa conditions.

The Tribunal considered the applicant's extensive statutory declaration detailing his life and work history in Greece and Belgium, his family ties in Greece and Bulgaria, and his ownership of property in Greece. It noted his stated intention to use his Australian studies in marketing and human resources to enhance his employment prospects or establish a business upon return to Greece, or potentially in Bulgaria. However, the Tribunal found that the applicant had not provided substantive information regarding his specific career goals beyond a general intention to open a business. Furthermore, despite the applicant's claims of strong ties to Greece, the Tribunal was not satisfied that he had demonstrated a compelling incentive to return, particularly in light of his age and the retirement age in Greece. The Tribunal also noted that the applicant had only been offshore for a limited period since his arrival in Australia.

Ultimately, the Tribunal concluded that the applicants had not met the criteria for the grant of Subclass 500 (Student) visas. Consequently, the Tribunal affirmed the delegate's decision to refuse the visas.