Khehra (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, where the applicant failed to attend a hearing before the Tribunal. The primary issue was whether the applicant was a genuine applicant for entry and stay as a student, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994. The applicant's wife was the primary student visa holder, and the applicant had been separated from her, potentially placing him in breach of condition 8516.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, having regard to his circumstances, immigration history, and any other relevant matters. This assessment was to be guided by Direction No. 69, which outlines specific factors to consider, including the applicant's circumstances in their home country and potential circumstances in Australia, the value of the course to their future, their immigration history, and any other relevant information. The Direction emphasizes that these factors are not a checklist but are intended to assist in a holistic assessment of the genuine temporary entrant criterion.

In reaching its decision, the Tribunal noted that the applicant had failed to provide requested documentation, including a current Certificate of Enrolment, proof of current enrolment, details of past studies in Australia, and explanations for any gaps in enrolment. The Tribunal considered the information available, including the decision record which contained references to the applicant's visa and study history. Given the lack of satisfactory evidence demonstrating the applicant's genuine intention to study temporarily in Australia and comply with visa conditions, the Tribunal concluded that the criteria for the visa were not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.