Rana (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant sought to demonstrate that they were a genuine temporary entrant, a criterion for the visa. The Tribunal was required to consider the applicant's circumstances, immigration history, and the value of the proposed course of study to their future.

The primary legal issue before the Tribunal was whether the applicant met the criteria for being a genuine applicant for entry and stay as a student, as stipulated in clause 500.212 of Schedule 2 to the Migration Regulations 1994. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily and intended to comply with visa conditions, having regard to various specified factors and Direction No 69.

The Tribunal found that the applicant's evidence was often vague, imprecise, and discursive, making it difficult to ascertain the reasons for significant changes in their study plans. The applicant had abandoned a Master of Management (Project Management) course, which commenced in November 2015 and was due to conclude in October 2017, without providing a satisfactory explanation beyond a preference for information technology courses. Furthermore, the applicant failed to explain why they did not enrol in advertised Diploma of Leadership and Management and advanced business courses, despite stating an intention to do so. The Tribunal also noted the non-disclosure of a completed Master of Information Technology course. These factors, combined with a history of changing course intentions and a gap in studies, led the Tribunal to conclude that the applicant had not satisfied the genuine temporary entrant criterion.

The Tribunal affirmed the decision under review, finding that the applicant had not demonstrated they were a genuine temporary entrant.