Jin Keong (Migration)

This matter concerned an appeal by the applicant, Jin Keong, against the decision not to grant him a Student (Temporary) (Class TU) visa, specifically Subclass 572 (Vocational Education and Training Sector). The core dispute revolved around whether the applicant was a genuine applicant for entry and stay as a student in Australia. The decision was made by the Tribunal, with Member Wendy Banfield presiding.

The legal issue before the Tribunal was whether the applicant satisfied the criterion in cl.572.223 of the Migration Regulations 1994, which requires the Minister to be satisfied that the applicant is a genuine applicant for entry and stay as a student. This assessment was to be made having regard to the applicant's circumstances, immigration history, and any other relevant matters, guided by Direction No. 53.

The Tribunal considered the applicant's history of undertaking various unrelated courses in Australia, including aviation, business, IT, and project management, without significant academic progress beyond certificate and diploma levels, despite being in Australia for eight years. While the applicant claimed an intention to pursue a Bachelor of Accounting and suggested course credits might expedite completion, the Tribunal noted this would still result in eleven years in Australia, with only two years spent on tertiary-level study. The Tribunal concluded that the applicant had not demonstrated genuine intent to study in Australia, particularly given the lack of academic progression and the prolonged period of stay. Consequently, the Tribunal affirmed the decision not to grant the visa.