Generoso (Migration)

The Administrative Appeals Tribunal considered the applications of individuals seeking Student (Temporary) (Class TU) visas, subclass 500. The delegate had refused to grant these visas, and the applicants sought review of that decision. The core of the dispute concerned whether the applicants met the criteria for a genuine student, particularly in light of their current enrolment status.

The Tribunal was required to determine whether the applicants were genuine students at the time of the delegate's decision. This involved assessing whether they had a genuine intention to undertake a course of study in Australia and whether they were currently enrolled in a registered course. The Tribunal also had to consider the absence of details regarding any further enrolment after the completion of their previously undertaken course.

In reaching its decision, the Tribunal applied the principles of the *Migration Act 1958* (Cth) and relevant regulations concerning student visas. The Tribunal found that the applicants had completed their course of study and had not provided sufficient evidence of current or future enrolment in a registered course. This lack of demonstrable ongoing study arrangements led the Tribunal to conclude that the applicants did not satisfy the genuine student requirement. Consequently, the Tribunal affirmed the delegate's decisions to refuse to grant the visas.