Gyanandra (Migration)

The Administrative Appeals Tribunal considered an application by a Fijian citizen for a Subclass 500 (Student) visa. The applicant, a 54-year-old male, had a history of multiple entries into Australia since 2016, with his most recent arrival being on a tourist visa in August 2020, where he remained onshore. His stated purpose for applying for the student visa was to undertake a one-year English course, which he ought to have completed and departed Australia by the time of the review.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a genuine temporary entrant, as stipulated by Direction No. 69 issued under section 499 of the Migration Act 1958. This involved assessing the applicant's circumstances in his home country and in Australia, the value of the proposed course to his future, and his immigration history, including his visa and travel history. The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily.

The Tribunal noted that the applicant had not provided current information regarding his course progress or enrolments, despite the invitation to do so. Furthermore, the proposed study period had already passed, and the applicant remained in Australia without having completed the course. The Tribunal also considered the applicant's extensive travel history to Australia and the fact that he had remained onshore since August 2020. Applying the principles of Direction No. 69, the Tribunal found that the applicant's circumstances did not demonstrate a genuine intention to temporarily remain in Australia for the purpose of study.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, as the criteria for the visa were not met. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.