REYMER DURAND (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant, Reymer Durand, sought to challenge the delegate's finding that he did not meet the criteria for the visa, specifically that he was not a genuine applicant for entry and stay as a student. The Administrative Appeals Tribunal was tasked with determining whether the delegate's decision was correct.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay in Australia temporarily, as required by clause 500.212(a) of Schedule 2 to the Migration Regulations 1994. This assessment required the Tribunal to consider the applicant's circumstances in his home country and in Australia, his immigration history, and the value of the proposed course of study to his future, in accordance with Direction No. 69. The Tribunal also had to consider whether the applicant intended to comply with the visa conditions.

The Tribunal considered the applicant's statement, which indicated he came to Australia to study electronic engineering but found the costs prohibitive. He enrolled in a VET sector diploma but was not enrolled in any course between October 2016 and July 2018. During this period, he sought work but found it difficult due to a lack of skills and English language proficiency. His brother offered to fund his Bachelor degree studies. The Tribunal noted that the applicant's submissions focused on his current enrolment, but the evidence suggested a pattern of prolonged study gaps, multiple VET course completions, and a lack of clear academic progression. These factors, combined with the applicant's difficulty in finding work and his reliance on his brother for financial support, led the Tribunal to conclude that the applicant did not genuinely intend to stay in Australia temporarily for the purpose of study.

The Tribunal affirmed the delegate's decision, finding that the applicant had not satisfied the criteria for a Subclass 500 (Student) visa.