Sarita (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, specifically the requirement under clause 500.212 that the applicant be a genuine applicant for entry and stay as a student. This involved determining whether the applicant genuinely intended to stay in Australia temporarily.

The Tribunal was required to have regard to Direction No. 69, which outlines factors to consider when assessing the genuine temporary entrant criterion. These factors include the applicant's circumstances in their home country and Australia, the value of the course to their future, their immigration history, and any other relevant information. The applicant had indicated she had commenced but not completed a Masters in accounting at Holmes College. However, she did not provide any information to the Tribunal demonstrating current enrolment in a course in Australia.

Consequently, the Tribunal found that the applicant had not satisfied the criteria for the grant of a Subclass 500 (Student) visa. The Tribunal affirmed the decision not to grant the visa.