Razon (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa made by a citizen of the Philippines, and her husband who applied as a member of the family unit. The applicants sought to review the decision to refuse their visa applications.

The primary legal issue before the Tribunal was whether the applicant was a "genuine applicant for entry and stay as a student" as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994. This required the Tribunal to assess whether the applicant genuinely intended to stay in Australia temporarily, having regard to her circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 69.

The Tribunal found that the applicant had not satisfied the genuine temporary entrant criterion. While the applicant had a Bachelor of Elementary Education and prior work experience in education in the Philippines, her proposed course of study in Commercial Cookery and Hospitality Management represented a significant career change. The Tribunal noted a lack of demonstrated value of these courses to her future employment prospects in the Philippines, particularly given her existing qualifications. Furthermore, the Tribunal considered that the applicant's circumstances, including the presence of family members in Australia, suggested that the student visa program might be used to maintain ongoing residence rather than for genuine temporary study.

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