Kok (Migration)

This matter concerned an appeal by an applicant for a Student (Temporary) (Class TU) visa, specifically Subclass 572 Vocational Education and Training Sector, against a decision to refuse the visa. The core of the dispute revolved around whether the applicant met the genuine temporary entrant criterion.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, as mandated by clause 572.223(1)(a) of the relevant regulations. This assessment necessitated consideration of the applicant's circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 53, which outlines factors to be considered when assessing the genuine temporary entrant criterion for student visa applications.

The Tribunal's reasoning focused on the applicant's study history in Australia, which revealed a significant 12-month period without any engagement in study upon arrival. Furthermore, the applicant had experienced multiple cancellations of enrolment in various courses, including an Advanced Diploma of Tourism, a Certificate III in Tourism, and a Diploma of Travel and Tourism, before eventually completing a Certificate IV in Business. Crucially, updated information indicated that the applicant's enrolment in both a Diploma of Business and an Advanced Diploma of Business had been cancelled due to a failure to commence studies. Despite evidence of satisfactory academic progress in his current course being initially presented, the subsequent cancellation of enrolments, discussed with the applicant at the review hearing, led the Tribunal to conclude that the applicant did not meet the genuine temporary entrant requirement.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa, finding that the applicant did not meet an essential requirement of clause 572.223. The Tribunal also noted that there was no material before it to suggest the applicant met the criteria for a Subclass 580 Student Guardian visa.