Gao (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision to refuse this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a genuine temporary entrant, as stipulated by clause 500.212 of Schedule 2 to the Migration Regulations 1994. This clause requires the applicant to genuinely intend to stay in Australia temporarily, considering their circumstances, immigration history, and any other relevant matters, and to intend to comply with visa conditions. The Tribunal was also required to have regard to Direction No. 69, which provides guidance on assessing this criterion.

The Tribunal noted that the applicant had not provided any response to invitations from the Department or the Tribunal to submit further information or evidence. The only documents provided to the Department were for health insurance, a copy of a passport, and two certificates of enrolment for a Certificate IV in Marketing and Communication and a Diploma of Marketing and Communication. In the absence of further information, and having regard to the requirements of clause 500.212 and Direction No. 69, the Tribunal found that the applicant had not satisfied the criteria for the grant of the visa.

Consequently, the Tribunal affirmed the decision under review, meaning the applicant was not granted the Subclass 500 (Student) visa.