Plongkham (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision not to grant the visa. The primary issue before the Tribunal was whether the applicant met the criteria for the grant of a Student visa as set out in Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied the criteria under clause 500.211, which mandates enrolment in a registered course of study at the time of the decision, and clause 500.212, which requires the applicant to be a genuine applicant intending to stay in Australia temporarily and to comply with visa conditions. The Tribunal also had regard to Direction No. 69, which provides guidance on assessing the genuine temporary entrant criterion for student visa applications.

In its reasoning, the Tribunal found that the applicant met the criterion under clause 500.211, being satisfied that the applicant was enrolled in a registered course of study at the time of the decision, evidenced by a Certificate of Enrolment. However, the Tribunal concluded that the applicant did not satisfy the criterion under clause 500.212. The Tribunal did not provide specific reasons for this finding in the provided text, but it determined that, on balance, the applicant was not a genuine temporary entrant.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, as the applicant did not meet the necessary criteria for the visa.