Kumar (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Student (Temporary) (Class TU) visa, subclass 500. The applicant, born in India in 1989, had arrived in Australia in 2014 with the stated intention of pursuing tertiary studies. The core dispute revolved around whether the applicant was a genuine applicant for entry and stay as a student, as required by the criteria for the visa.

The Tribunal was required to determine if the applicant met the requirements of clause 500.212 of Schedule 2 to the Regulations, specifically whether the applicant genuinely intended to stay in Australia temporarily. This assessment necessitated consideration of Direction No. 69, which outlines factors relevant to assessing the genuine temporary entrant criterion. These factors include the applicant's circumstances in their home country and Australia, the value of the proposed course to their future, their immigration history, and any other relevant information.

In reaching its decision, the Tribunal noted the applicant's lack of evidence of course progression or completion for diploma-level courses undertaken after October 2015. The Delegate had formed the view that the applicant was using the student visa program to maintain ongoing residence in Australia. The Tribunal found that the applicant had undertaken multiple, unrelated courses and demonstrated a lack of academic progress, with limited incentives to return to their home country. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of a Subclass 500 (Student) visa.

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