Le (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant, a 34-year-old from Vietnam, had been in Australia since 2009, holding multiple student visas and a bridging visa. The dispute centred on whether the applicant met the criteria for being a genuine temporary entrant, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily for the purpose of study. This involved assessing the applicant's circumstances, including her immigration history, the value of her proposed course of study to her future, and any other relevant matters, in accordance with Direction No. 69 issued by the Minister for Immigration and Border Protection.

The Tribunal's reasoning focused on the applicant's prolonged stay in Australia, spanning over nine years, during which she had completed a series of short and inexpensive courses at various vocational education and training levels, including multiple certificates and diplomas. Despite enrolling in a Bachelor of Business, the Tribunal found that the applicant's academic progression demonstrated a regression in the level of study rather than a clear pathway towards a higher qualification. Furthermore, the applicant's immigration history, including the length of time spent in Australia and the nature of her studies, raised concerns about her genuine intention to temporarily remain in Australia for study. The Tribunal also noted that the applicant's children were born in Australia during her period of study.

Consequently, the Tribunal was not satisfied that the applicant was a genuine applicant for entry and stay as a student. As the primary applicant failed to meet the genuine temporary entrant criterion, the secondary applicants, her children, also did not satisfy the relevant criteria. The Tribunal affirmed the decision not to grant the applicants the Student (Temporary) (Class TU) visas.