Kamshish (Migration)

This matter concerned an application for a subclass 500 Student (Temporary) visa. The applicant, an Egyptian male, had lodged his fourth student visa application on 5 December 2018. The delegate had refused to grant the visa, finding that the applicant did not satisfy the requirements of clause 500.212 of Schedule 2 to the Migration Regulations 1994. The applicant appeared before the Tribunal on 12 October 2020, with the assistance of an interpreter, to present his case.

The central legal issue before the Tribunal was whether the applicant was a genuine temporary entrant for entry and stay in Australia as a student, as required by clause 500.212(a) of the Migration Regulations. In determining this, the Tribunal was required to have regard to Direction No. 69, which outlines specified factors to consider, including the applicant's circumstances in their home country, potential circumstances in Australia, the value of the proposed course to the applicant's future, and their immigration history.

The Tribunal noted that the applicant first arrived in Australia on 15 November 2005 on an initial student visa and had subsequently been granted two further student visas. At the time of the hearing, the applicant was enrolled in a Certificate IV in Marketing and Communication, scheduled to conclude in April 2021, which would extend his total stay in Australia to approximately 16 years. The Tribunal reviewed a comprehensive list of previous courses the applicant had undertaken or been enrolled in since his arrival, many of which were either not completed, not commenced, or completed at a lower AQF level than subsequent intended studies. The Tribunal concluded that the applicant's history of multiple, often uncompleted, course enrolments and his extended period of stay in Australia did not demonstrate that he was a genuine temporary entrant.

Consequently, the Tribunal affirmed the delegate's decision to refuse the visa application.