Nguyen (Migration)

This matter concerned an application for review of a decision relating to a Student (Temporary) (Class TU) visa, Subclass 573 (Student) Higher Education Sector visa. The primary applicant, who arrived in Australia in May 2009, sought to demonstrate that he was a genuine applicant for entry and stay as a student.

The legal issue before the Tribunal was whether the applicant met the criterion in cl.573.223(1)(a) of Schedule 2 to the Regulations, which requires the Minister to be satisfied that the applicant genuinely intends to stay in Australia temporarily. This assessment was to be made having regard to the applicant's circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 53.

The Tribunal considered the applicant's protracted study history, which included initial studies in hospitality, a subsequent pivot to carpentry and building qualifications following a workplace injury, and ultimately a decision to pursue business and marketing qualifications. The applicant provided evidence of completed qualifications and current enrolment in a Bachelor of Business (Marketing) degree. The Tribunal accepted the applicant's explanations for his study path and concluded that he had demonstrated consistent academic progress and a genuine intention to complete his degree. The Tribunal found that the applicant met the criterion in cl.573.223(1)(a).

Consequently, the Tribunal remitted the applications for Student (Temporary) (Class TU) visas for reconsideration by the delegate, with the direction that the primary applicant met the specified criterion for a Subclass 573 Higher Education Sector visa.