Mohammed (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought to review a decision not to grant this visa. The core issue before the Tribunal was whether the applicant was a genuine student intending to stay in Australia temporarily, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the criteria for a genuine temporary entrant, specifically whether they genuinely intended to stay in Australia temporarily. This assessment was to be conducted in accordance with Direction No. 69, which outlines various factors to be considered, including the applicant's circumstances in their home country and Australia, the value of the proposed course to their future, and their immigration history. The Tribunal also had to consider any other relevant matters.

In its reasoning, the Tribunal noted that the applicant had previously completed a Bachelor of Commerce degree and had arrived in Australia in 2008 on a 573 Higher Education Sector visa to study a Master of Commerce. The Tribunal found that the applicant had not satisfied the criteria for the grant of the Subclass 500 visa. Consequently, the Tribunal affirmed the decision not to grant the visa.