Pornchanoknat (Migration)

This matter concerned an application for review of a decision not to grant Student (Temporary) (Class TU) visas, subclass 572 Vocational Education and Training Sector, to the primary and secondary applicants. The primary applicant had previously held a Temporary Work (skilled) visa (subclass 457) and sought to study a business course, with stated intentions of contributing to the Australian economy through importing clothing and creating jobs, as well as volunteering in aged care. The secondary applicant applied as a member of the primary applicant's family unit.

The Tribunal was required to determine whether the primary applicant had satisfied the criteria for the grant of a Student visa, specifically subdivision 572.227, and consequently, whether the secondary applicant met the requirements under clause 572.322 as a family unit member. The central issue was the genuineness and substance of the primary applicant's stated intentions and her compliance with the relevant migration law provisions.

The Tribunal affirmed the decision not to grant the visas, concluding that the primary applicant had not satisfied the requirements of subdivision 572.227. While the applicant presented evidence of past aged care training, a Bachelor of Laws degree, and stated intentions related to her family's businesses and potential import/export ventures, the Tribunal found these submissions insufficient to meet the visa criteria. The Tribunal's reasoning focused on the failure to satisfy the specific requirements of the relevant subdivision, which led to the secondary applicant's application also failing.