GAO (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant, a 30-year-old Chinese citizen, sought to satisfy the primary criteria for the visa, specifically cl.500.211 regarding enrolment in a course of study and cl.500.212 concerning being a genuine temporary entrant. The Tribunal was required to determine whether the applicant had provided evidence of current enrolment and whether he genuinely intended to stay temporarily in Australia for the purpose of study.

The Tribunal considered several concerning factors in its assessment. The applicant had enrolled in multiple courses, all of which were subsequently cancelled, including a General English course for unsatisfactory progress, an English for Academic Purpose course and a Master of Business Administration for non-commencement, and a Diploma of Leadership and Management for unsatisfactory progress. Furthermore, there was a significant study gap of over one year between July 2014 and August 2015. The Tribunal also noted inconsistencies in the applicant's provided information regarding his family members and financial support, which cast doubt on the veracity of his declarations. Crucially, the applicant failed to respond to a hearing invitation or provide any supporting documentation to the Tribunal, thereby not engaging with the review process.

Applying the relevant criteria, the Tribunal found that the applicant had not demonstrated he was enrolled in a course of study as required by cl.500.211. The repeated cancellations of his courses and the substantial study gap undermined his claim to be a genuine temporary entrant under cl.500.212. The lack of engagement with the Tribunal further supported the conclusion that the applicant had not satisfied the necessary visa criteria. Consequently, the Tribunal affirmed the delegate's decision not to grant the visa.