Qi (Migration)

The Administrative Appeals Tribunal considered an application by a student visa applicant, Qi, following the refusal of his Student (Temporary) (Class TU) visa (subclass 500). The applicant had previously held a Student visa (subclass 573) which was subject to conditions requiring him to remain enrolled in an approved course and achieve satisfactory attendance and progress. The delegate refused the subclass 500 visa application, finding the applicant had breached his previous visa conditions by failing to maintain enrolment in a higher education sector course.

The Tribunal was required to determine whether the applicant met the criteria for the subclass 500 visa, particularly concerning his compliance with visa conditions and his genuine intention to study. This involved assessing his enrolment history, academic progress, and adherence to the requirements of Ministerial Direction 69, which outlines factors relevant to assessing a genuine applicant for entry and stay as a student.

The Tribunal reviewed the applicant's extensive study history, which included multiple course changes and cancellations, as well as a failure in one subject of his current Bachelor of Business (Marketing) degree. Despite these issues, the Tribunal found that the applicant had provided evidence of successful study in his current bachelor-level course, although its completion date had been extended due to the failed subject. The Tribunal also noted that certain factors outlined in Ministerial Direction 69, such as military service or political circumstances in the applicant's home country, were not relevant or no findings were made against the applicant in relation to them.

Ultimately, the Tribunal remitted the application for the subclass 500 visa to the Minister for reconsideration. The Tribunal directed that the applicant was to be considered as meeting the criteria under cl.500.212 of Schedule 2 to the Regulations, allowing for further assessment of the remaining visa requirements.