Prela (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision to refuse a Subclass 500 (Student) visa. The applicant, a 23-year-old from the United States with Albanian ethnic origins, had been residing in Australia for over two and a half years without completing any course of study. The applicant had initially arrived on a tourist visa and subsequently applied for and was granted a Student TU visa while in Australia.

The central legal issue before the Tribunal was whether the applicant met the criteria for a genuine temporary entrant for the purposes of entry and stay as a student. This involved assessing whether the applicant's stated intention to study in Australia was genuine, given his history of enrolment and non-completion of courses. The Tribunal had to determine if the applicant's circumstances demonstrated a genuine commitment to undertaking and completing a course of study as required by the visa subclass.

The Tribunal's reasoning focused on the applicant's extensive period in Australia without academic progress and the cancellation of multiple course enrolments. Records indicated that the applicant's enrolment in a Diploma of Hospitality was cancelled due to non-payment of fees, with his last day of study being in August 2016. Further courses, including Certificate III in Commercial Cookery and an Advanced Diploma of Hospitality, also had their enrolments cancelled, with the latter being linked to the initial cancellation due to non-payment. Despite proposed future study plans, the applicant testified at the hearing that he was not currently undertaking any study. The Tribunal concluded that the applicant had not satisfied the criteria for the grant of a Subclass 500 visa.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a Student (Temporary) (Class TU) visa.