DODANI (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by an applicant for a Student (Temporary) (Class TU) visa, Subclass 572 (Vocational Education and Training Sector). The applicant sought review of the delegate's decision to refuse his visa application, with the primary issue being whether he was a genuine temporary entrant.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily for the purpose of study, and if his proposed course of study was consistent with that intention. Specifically, the Tribunal had to assess the applicant's explanations for gaps in his study periods, his reasons for choosing to study in Australia rather than his home country of Italy, and the overall credibility of his claims regarding his financial capacity and future intentions.

The Tribunal found that the applicant did not meet an essential requirement of cl.572.223, which pertains to genuine temporary entrants. Despite submissions from the applicant's advisor regarding his career path and potential job offers in Italy, the Tribunal noted significant gaps in his study history, including a period of 12 months where he made no attempt to study. The applicant attributed these difficulties to depression and visa processing delays. However, the Tribunal was not satisfied that the applicant's circumstances, including the availability of hospitality courses in Italy, provided sound reasons for him to pursue his studies in Australia. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.