Khan (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Khan (Migration), where the applicant sought review of a decision not to grant a Subclass 500 (Student) visa. The dispute centred on whether the applicant intended to comply with the conditions of the visa, particularly in light of their past study history.

The Tribunal was required to determine if the applicant met the criteria for a Subclass 500 (Student) visa, specifically clause 500.212(b) of the Migration Regulations 1994, which mandates that an applicant must intend to comply with any visa conditions. This assessment involved considering the applicant's record of compliance with previous visa conditions and their stated intention to comply with future conditions. The Tribunal also had regard to Direction No. 69, which provides guidance on assessing the genuine temporary entrant criterion for student visas.

The Tribunal found that the applicant had not provided satisfactory explanations or supporting evidence for their study history, which included failing to complete a Master of Marketing course and enrolling in, but never starting or completing, several other vocational courses. This pattern of non-completion and non-commencement of studies led the Tribunal to conclude that the applicant had not demonstrated an intention to comply with visa conditions, particularly condition 8202 which requires maintaining enrolment and satisfactory course progress. Consequently, the Tribunal affirmed the decision under review.