Mohammed (Migration)

This matter concerned an appeal by an applicant for a Subclass 500 (Student) visa. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for a genuine temporary entrant, as stipulated in clause 500.212 of Schedule 2 to the Migration Regulations 1994. The AAT was guided by Direction No. 69, issued under section 499 of the Migration Act 1958, which outlines factors to consider when assessing this criterion.

The core legal issue before the Tribunal was whether the applicant genuinely intended to stay in Australia temporarily, having regard to their circumstances, immigration history, and any other relevant matters. This involved assessing whether the applicant's past conduct and present situation indicated a genuine intention to pursue studies temporarily in Australia and then depart, rather than using the student visa as a means to remain in the country indefinitely.

The Tribunal found that the applicant's circumstances weighed against them satisfying the genuine temporary entrant criterion. The applicant had a history of poor academic progress, with numerous enrolment cancellations and lengthy periods of non-enrolment since first arriving in Australia in 2014. Despite completing only one short course, the applicant had been enrolled in a Bachelor of Professional Accounting for the fourth time. The Tribunal considered the applicant's explanation for the cancellations, attributing them to email mistakes, to be implausible. Given the applicant's immigration history and the lack of progress in their studies, the Tribunal was not satisfied that the applicant genuinely intended to stay in Australia temporarily.

Consequently, the Tribunal affirmed the decision under review, meaning the applicant's Subclass 500 (Student) visa application was refused.