Saini (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought to review a decision to refuse their visa application. The central issue before the Tribunal was whether the applicant met the criteria for being a genuine temporary entrant.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, as stipulated by clause 500.212(a) of Schedule 2 to the Migration Regulations 1994. This assessment was to be conducted in accordance with Direction No. 69, which outlines various factors to be considered, including the applicant's circumstances in their home country and Australia, their immigration history, and any other relevant matters. The Tribunal also had to consider whether the applicant intended to comply with visa conditions.

The applicant had previously studied a Bachelor's degree in India and arrived in Australia in January 2016 to undertake higher education. However, they abandoned their higher education course after two semesters, stating it was "not going well." Subsequently, the applicant enrolled in and completed vocational courses, a Certificate III and a Certificate IV in commercial cookery, by November 2018. At the time of the hearing, the applicant had a confirmation of enrolment for a Diploma of Hospitality and Management commencing in January 2020 but had not yet commenced these studies. The Tribunal found that the applicant's history of changing study pathways and the lack of a clear connection between their previous studies and current intentions, coupled with their continued presence in Australia without completing a higher education qualification, did not satisfy the genuine temporary entrant criterion.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, finding that the applicant did not meet the criteria for the visa.