Lu (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision to refuse the visa.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 500 visa, specifically whether the applicant was a genuine applicant for entry and stay as a student, as stipulated by clause 500.212 of Schedule 2 to the Regulations. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily and intended to comply with the visa conditions.

In its reasoning, the Tribunal referred to Direction No. 69, which provides guidance on assessing the genuine temporary entrant criterion. This Direction requires consideration of the applicant's circumstances in their home country and potential circumstances in Australia, the value of the proposed course to the applicant's future, and their immigration history. The Tribunal noted that the applicant had stated an intention to study a Certificate III and then a Certificate IV in Business, having previously completed a Diploma of Leadership and Management in December 2017. However, the Tribunal found that the applicant had not demonstrated the value of the proposed courses to his future and had not completed a course of study since June 2019.

Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of a Subclass 500 (Student) visa and affirmed the decision under review.