kandel (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought to review the decision to refuse this visa. The core issue was whether the applicant genuinely intended to stay in Australia temporarily, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the genuine temporary entrant criterion, having regard to their circumstances in their home country and in Australia, their immigration history, and any other relevant matters, as guided by Ministerial Direction No. 69. Specifically, the Tribunal had to assess the value of the proposed course to the applicant's future and whether the student visa program was being used primarily to maintain ongoing residence in Australia.

In its reasoning, the Tribunal noted the applicant's immigration history, which included arriving in Australia in 2015 on a student visa and completing a Diploma of Business but failing to complete a Bachelor of Commerce. The applicant had subsequently enrolled in several other Bachelor of Commerce and Bachelor of Professional Accounting courses without completing them, and was unable to provide details about a proposed Bachelor of Business course. The Tribunal found that the applicant had been in Australia for an extended period without successfully completing a qualification and that similar courses were available in the applicant's home country of Nepal. The Tribunal concluded that the applicant had not provided reasonable justification for not undertaking studies in their home country and that the applicant's circumstances indicated the student visa program was being used primarily to maintain ongoing residence in Australia.

Consequently, the Tribunal found that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa. The decision under review was affirmed, meaning the visa application was refused.