Samra (Migration)

This matter concerned an appeal to the Tribunal regarding a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant had previously held a subclass 573 visa, which was due to expire on 30 September 2016, and lodged the current application on 27 September 2016.

The primary legal issue before the Tribunal was whether the applicant satisfied the genuine temporary entrant criterion as set out in clause 500.212 of Schedule 2 to the Regulations. This criterion requires an applicant to demonstrate that they genuinely intend to stay in Australia temporarily and intend to comply with the conditions of the visa. The Tribunal was required to consider this criterion in light of Direction No. 69, which provides guidance on assessing the genuine temporary entrant criterion for student visas.

The Tribunal considered the applicant's circumstances as a whole, including her immigration history and the timing of her visa application, which was lodged just three days before her previous visa expired. While the specific reasons for the Tribunal's adverse finding are not detailed in the provided text, the Tribunal concluded that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.