Goli (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought to undertake an Advanced Diploma of Program Management. The AAT was required to determine whether the applicant met the criteria for the visa, specifically whether they were a genuine applicant for entry and stay as a student.

The central legal issue before the Tribunal was whether the applicant satisfied clause 500.212 of Schedule 2 to the Migration Regulations 1994, which requires an applicant to genuinely intend to stay in Australia temporarily. In assessing this, the Tribunal was guided by Direction No. 69, which outlines various factors to consider, including the applicant's circumstances in their home country and potential circumstances in Australia, their immigration history, and any other relevant matters.

The Tribunal found that the applicant did not satisfy the genuine temporary entrant criterion. This conclusion was based on several factors, including a regression in the applicant's proposed study level, a lengthy intended stay in Australia, a lack of incentive to return to their home country due to greater earning capacity in Australia, and no assets in their home country. The Tribunal also noted a lack of evidence provided by the applicant and that the applicant failed to respond to the Tribunal's correspondence, thereby not being afforded a fair opportunity to respond to concerns.

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