Possidonio da Silva (Migration)

The applicant, a citizen of Brazil, sought review of a decision concerning her Student (Temporary) (Class TU) visa, subclass 500. She had arrived in Australia on a visitor visa and subsequently applied for a student visa to undertake courses in English and Individual Support and Community Services. While initially enrolled in business courses, her study plans had evolved. The applicant had been in Australia for approximately one year and eight months without departing.

The primary legal issue before the Tribunal was whether the applicant was a genuine applicant for entry and stay as a student. This required the Tribunal to assess the applicant's circumstances, including her economic and personal ties to her home country, and the value of her proposed course of study to her future plans. The Tribunal also considered whether any factors, such as military service obligations or civil unrest, might provide an incentive for the applicant to avoid returning to Brazil.

The Tribunal considered evidence regarding the applicant's strong personal ties to family and friends in Brazil, her past educational and extensive work history, including caring for her elderly mother, and her current income derived from online influencing with Brazilian partnerships. Furthermore, the Tribunal accepted evidence of the applicant's property ownership in Brazil, including an apartment and land, and a significant deposit towards a vehicle. These economic ties were found to provide a substantial incentive for her return upon completion of her studies. The Tribunal also accepted the applicant's evidence that she had no military service obligations and no personal concerns regarding civil or political unrest in Brazil, thus finding no incentive to avoid returning. The Tribunal was satisfied that the applicant's current course of study would be of value to her future plans and concluded that she was a genuine applicant.

The decision under review was remitted.