Kalyan (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, before the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant the visa.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 500 visa, specifically whether the applicant was a genuine applicant for entry and stay as a student, as stipulated by clause 500.212 of Schedule 2 to the Regulations. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily, having regard to their circumstances, immigration history, and any other relevant matters, as guided by Direction No. 69.

The Tribunal considered the applicant's circumstances, including their immigration history and the value of the proposed course to their future. The applicant had provided Certificates of Enrolment for various commercial cookery and hospitality management courses spanning from 2018 to 2020, alongside other documentation relating to past study in Australia and India. However, the Tribunal noted that the applicant had not provided a Genuine Temporary Entrant (GTE) statement or written submission. The Tribunal found that the applicant's course enrolments had been cancelled due to "cessation of studies," and that their current course enrolment was irrelevant to their career history. Furthermore, the Tribunal observed a lack of expressed desire to return to India and noted credibility issues arising from contradictory information provided to the Department.

The Tribunal concluded that the applicant did not satisfy the criteria for the grant of a Subclass 500 visa. Accordingly, the Tribunal affirmed the decision under review.