Jhattu (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student) visa, made by Jhattu. The core of the dispute revolved around whether the applicant met the criteria of being a genuine applicant for entry and stay as a student, as stipulated in clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, having regard to their circumstances, immigration history, and any other relevant matters, and if they intended to comply with visa conditions. This assessment was guided by Direction No. 69, which outlines factors to consider, including the applicant's circumstances in their home country and potential circumstances in Australia, the value of the proposed course to their future, and their immigration history. The Direction emphasizes that these factors should not be treated as a checklist but rather as a guide to assessing the applicant's circumstances as a whole.

In reaching its decision, the Tribunal considered the applicant's history of completing multiple courses and enrolling in programs unrelated to previous studies or employment, noting significant gaps in their enrolment periods. The Tribunal found that there was insufficient evidence and supporting detail to satisfy the delegate that the applicant was a genuine temporary entrant. Consequently, the Tribunal concluded that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa.

The Tribunal affirmed the decision of the primary decision-maker not to grant the applicant a Student (Temporary) (Class TU) visa.