Rawat (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant sought to challenge the delegate's decision that she was not a genuine applicant for entry and stay as a student, and that she did not genuinely intend to stay in Australia temporarily.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 500 visa, specifically the genuine temporary entrant requirement under clause 500.212 of Schedule 2 to the Regulations. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily, having regard to her circumstances, immigration history, and any other relevant matters, as guided by Direction No. 69.

The Tribunal found that the applicant had not engaged in study since her arrival in Australia, had failed to complete any subjects, and was not currently enrolled in a course. While the applicant stated personal issues and a relationship breakdown as reasons for her inability to study, the Tribunal noted minimal evidence of an incentive for her to return to her home country. Consequently, the Tribunal concluded that the applicant did not satisfy the genuine temporary entrant criterion.

The Tribunal affirmed the delegate's decision not to grant the applicant a Student (Temporary) (Class TU) visa. The applicant did not claim to meet the criteria for any alternative visa.