Pitakchaisombat (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking review of a decision to refuse a Subclass 500 (Student) visa. The applicant, a Thai national, had been in Australia on successive student visas since February 2014 and had enrolled in a Diploma and Advanced Diploma of Leadership and Management, which he had since completed. The core of the dispute revolved around whether the applicant met the criteria for a genuine temporary entrant.

The legal issues before the Tribunal were whether the applicant genuinely intended to stay in Australia temporarily and whether the chosen course of study held value for his future career prospects. The Tribunal was also required to consider and apply 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 for student visas.

The Tribunal reasoned that while the applicant's completion of his courses, particularly during the uncertainty of the COVID-19 pandemic, demonstrated he was a genuine student, this did not automatically satisfy the genuine temporary entrant criterion. The Tribunal noted that the applicant had remained in Australia on bridging visas since his initial arrival in 2014, undertaking further study after completing his prior qualifications in Thailand. The Tribunal placed significant weight on the fact that the applicant had remained onshore for an extended period, suggesting the student visa program might be used to maintain ongoing residence in Australia, a factor explicitly considered under Direction No. 69. Furthermore, the Tribunal found that the chosen course of study had limited value to the applicant's future career prospects in his home country, as he already held a Bachelor's degree in a related field.

Consequently, the Tribunal found that the applicant did not meet the criteria for a Subclass 500 (Student) visa, specifically the genuine temporary entrant requirement. The decision under review was therefore affirmed.