Paras (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of the decision to refuse a Subclass 500 (Student) visa. The applicant, a 24-year-old Indian citizen, had previously held a student visa that expired in March 2022. The application under review was lodged shortly before the expiry of his previous visa.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a Subclass 500 visa, specifically concerning enrolment in a course of study under clause 500.211 of Schedule 2 of the Migration Regulations 1994, and whether the applicant was a genuine temporary entrant under clause 500.212. The Tribunal was also required to consider the application of Direction No. 69, issued by the Minister under section 499 of the Migration Act 1958, which provides guidance on assessing the genuine temporary entrant criterion.

The Tribunal noted that the applicant had initially intended to study a Bachelor of Cyber Security but found it too difficult, failing subjects and not completing the course. He then applied for a Diploma and Advanced Diploma of Information Technology. However, the applicant stated he was not enrolled in any courses between February 2019 and November 2022 due to stress, academic difficulties, lack of support, and failing subjects. The Tribunal found that not studying while holding a student visa or associated bridging visa raised serious concerns about the applicant's true intentions for residing in Australia, suggesting the student visa program might be used to circumvent migration program intentions. The Tribunal also considered the applicant's immigration history and the value of the proposed course to his future employment prospects.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, concluding that the criteria for the visa were not met. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.