Phan (Migration)

This matter concerned an appeal by an applicant for a Student (Temporary) (Class TU) visa, Subclass 500, to the Administrative Appeals Tribunal. The applicant sought review of a decision to refuse her visa application.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the grant of a Subclass 500 visa, specifically clause 500.212, which requires the applicant to be a genuine applicant for entry and stay as a student. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily and whether she intended to comply with visa conditions. The Tribunal was required to consider Direction No. 69, which provides guidance on assessing the genuine temporary entrant criterion.

The Tribunal found that the applicant had repeatedly breached the conditions of her previous student visas. These breaches included failing to maintain enrolment in her course, failing to achieve satisfactory attendance, and a significant delay in re-enrolling after her Bachelor of Business enrolment was cancelled. The Tribunal concluded that these actions demonstrated a pattern of non-compliance and indicated that the applicant was using her student visa to maintain an ongoing residence in Australia rather than for the genuine purpose of studying. Consequently, the Tribunal determined that the applicant did not meet the genuine temporary entrant criterion.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.