Dwivedi (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Dwivedi concerning his application for a Subclass 500 (Student) visa. The dispute arose from the delegate's decision to refuse the visa, which Mr. Dwivedi sought to have reviewed. The Tribunal was tasked with determining whether the delegate's decision to affirm the refusal was correct.

The primary legal issue before the Tribunal was whether Mr. Dwivedi met the criteria for a genuine applicant for entry and stay as a student, as stipulated in clause 500.212 of Schedule 2 to the Migration Regulations 1994. This involved assessing whether Mr. Dwivedi genuinely intended to stay in Australia temporarily and whether he intended to comply with the conditions of the visa. The Tribunal was required to have regard to Direction No 69, which provides guidance on assessing the genuine temporary entrant criterion.

In its reasoning, the Tribunal examined Mr. Dwivedi's academic history as recorded in the PRISMS system. This record revealed a pattern of cancelled enrolments across multiple courses, including a Master of Business Administration, a Master of Professional Accounting, and various vocational qualifications. The reasons for cancellation included non-payment of fees, unsatisfactory course progress, and non-commencement of studies. Crucially, the Tribunal noted that Mr. Dwivedi had not provided any evidence to explain these circumstances, such as evidence of severe depression as he had claimed. Without such evidence, the Tribunal found that Mr. Dwivedi had not demonstrated that he was a genuine applicant for entry and stay as a student.

Consequently, the Tribunal concluded that the decision under review should be affirmed. The delegate's decision to refuse the visa was upheld.