LIM (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of LIM, an applicant for a Student (Temporary) (Class TU) visa, specifically Subclass 572 (Vocational Education and Training Sector). The dispute arose when the delegate of the Department of Immigration was not satisfied that LIM was a genuine student intending to stay temporarily in Australia, leading to the refusal of his visa application. LIM subsequently sought review of this decision by the AAT.

The primary legal issue before the AAT was whether LIM met the criterion in cl.572.223 of the Migration Regulations 1994, which requires the Minister to be satisfied that the applicant is a genuine applicant for entry and stay as a student, and specifically that the applicant genuinely intends to stay in Australia temporarily. In determining this, the AAT was required to have regard to Direction No. 53, which outlines factors to consider when assessing the genuine temporary entrant criterion for student visa applications.

The Tribunal's reasoning focused on several factors that cast doubt on LIM's genuine intentions. These included the timing of his opening a bank account shortly after arriving on a visitor visa, the lack of a start date and apparent genuineness of an employment offer from Malaysia, and his immigration history of overstaying previous visitor visas. The Tribunal also gave weight to the perceived lack of substantial reasons for choosing his proposed courses and the limited apparent value of these courses to his future career, suggesting he might be using the student visa program to maintain residence in Australia. The applicant's failure to appear before the Tribunal to present his case was also a significant factor.

Ultimately, the AAT found that LIM did not meet the essential requirement of cl.572.223. Consequently, the Tribunal affirmed the decision not to grant LIM a Student (Temporary) (Class TU) visa.