Leiner (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision to refuse this visa. The central issue before the Tribunal was whether the applicant was 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, having regard to their circumstances, immigration history, and any other relevant matters, in accordance with Direction No 69. This Direction mandates consideration of factors such as the applicant's circumstances in their home country, potential circumstances in Australia, the value of the proposed course of study to the applicant's future, and their immigration history. The Tribunal also had to consider adverse information provided by Lexis Training, to which the applicant did not respond.

In its reasoning, the Tribunal noted that the applicant had not provided a response to adverse information concerning their study history, PRISMS record, academic progress, the presence of their girlfriend in Australia, and the perceived value of the course. The Tribunal applied the criteria for a genuine temporary entrant, as outlined in clause 500.212 and elaborated upon in Direction No 69. Given the lack of response to the adverse information and the overall assessment of the applicant's circumstances, the Tribunal concluded that the applicant had not satisfied the criteria for the grant of the visa.

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