Elemia (Migration)

The Administrative Appeals Tribunal considered the case of an applicant for a Subclass 500 (Student) visa. The applicant, a 40-year-old from the Philippines, had been granted a Bridging Visa A in December 2021, which became active upon the expiry of his previous Student Temporary Visa. The core of the dispute revolved around whether the applicant was a genuine temporary entrant for the purposes of study in Australia.

The Tribunal was required to determine if the applicant met the criteria for a Subclass 500 (Student) visa, specifically the genuine temporary entrant requirement as outlined in clause 500.211 and further elaborated by Direction No. 69. This involved assessing the applicant's circumstances in his home country and in Australia, the value of the proposed course of study to his future, and his immigration history.

The Tribunal's reasoning focused on the applicant's extensive history of cancelled enrolments across multiple courses, including a Diploma of Business for unsatisfactory course progress, and several other courses for non-commencement or cessation of studies. Furthermore, the applicant's authorised representative had withdrawn from acting on his behalf due to an inability to contact him. The applicant himself had contacted the Tribunal inquiring about his ability to return to Australia, indicating he had been in the Philippines since October 2021 and lacked a valid visa to re-enter. Given these factors, the Tribunal concluded that the applicant had not satisfied the criteria for a Subclass 500 (Student) visa, particularly the genuine temporary entrant requirement.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.