KIM (Migration)

This matter concerned an appeal by the applicant, KIM, against a decision by the Department of Immigration and Border Protection to refuse to grant him a Student (Temporary) (Class TU) visa, subclass 572. The applicant had previously held several student visas since arriving in Australia in 2007, and at the time of the delegate's decision, he had not completed an Advanced Diploma of Building Design (Architectural) in which he had been enrolled. The delegate found that the applicant was not a genuine student and was using the student visa program to maintain residence in Australia and circumvent its permanent migration programs.

The primary legal issue before the Tribunal was whether the applicant met the Genuine Temporary Entrant (GTE) criterion for a Student visa application, as outlined in Direction No. 53. This involved assessing whether the applicant's intentions were genuinely temporary and whether his proposed study in Australia was consistent with those intentions. The Tribunal also considered the applicant's enrolment status and his study history.

The Tribunal affirmed the delegate's decision. It noted that the applicant had not provided evidence of completion of courses or information relating to the GTE criterion in response to the Department's invitation. While the applicant submitted a statement of purpose detailing difficulties studying in English and evidence of a back injury sustained in early 2017, these did not sufficiently address the delegate's concerns or demonstrate that the applicant was a genuine student. The Tribunal concluded that the applicant had not established that he met the GTE criterion.

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