RACHMAWATI (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision to refuse this visa. The core of the dispute revolved around whether the applicant met the criteria of being a genuine temporary entrant.

The legal issues before the Tribunal were whether the applicant genuinely intended to stay in Australia temporarily, and whether they intended to comply with the conditions of the visa. These considerations were to be made in accordance with clause 500.212 of Schedule 2 to the Migration Regulations 1994 and Direction No. 69, which provides guidance on assessing the genuine temporary entrant criterion. The Tribunal was required to consider the applicant's circumstances in their home country and in Australia, the value of the proposed course to their future, and their immigration history.

The Tribunal reasoned that the applicant had undertaken a series of low-level courses over an extended period, and that the proposed study was not relevant to their previous employment. This pattern of study, coupled with the offer of employment in their home country upon completion of the current course, suggested that the student visa was being used primarily to maintain ongoing residence in Australia rather than for genuine temporary study. The Tribunal found that the applicant had not satisfied the genuine temporary entrant criterion.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.