Kasturi (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought to review the decision to refuse their visa application, with the central issue being whether the applicant was a genuine temporary entrant for entry and stay in Australia as a student.

The Tribunal was required to determine if the applicant met the criteria under clause 500.212 of the Migration Regulations 1994, specifically whether the applicant genuinely intended to stay in Australia temporarily. This assessment involved considering 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, in accordance with Direction No. 69.

The Tribunal found that the applicant's history of incomplete and repeated study at lower academic levels than their highest prior study, without a clear demonstration of future benefit, was inconsistent with the behaviour of a genuine student. Furthermore, the Tribunal noted the applicant had been in Australia since 2015 and was undertaking a vocational course that had not been objectively demonstrated to add value to their future. This prolonged period in Australia undertaking vocational studies, without clear progression, led the Tribunal to conclude that the applicant's behaviour indicated an intention to use the student migration program to maintain ongoing residence rather than to study temporarily.

Consequently, the Tribunal was not satisfied that the applicant genuinely intended to stay in Australia temporarily, and therefore did not meet the criteria under clause 500.212(a). The Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.