Shemul (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought to review a decision not to grant this visa. The core of the dispute revolved around whether the applicant met the criteria for a genuine temporary entrant, specifically concerning their intention to comply with visa conditions.

The Tribunal was required to determine if the applicant satisfied clause 500.212(b) of Schedule 2 to the Migration Regulations 1994. This clause mandates that the applicant must intend to comply with any conditions subject to which the visa is granted. This assessment is to be made having regard to the applicant's record of compliance with previous visa conditions and their stated intention to comply with future conditions. Furthermore, the Tribunal had to consider the specific conditions of a Student visa, including condition 8202, which requires maintaining enrolment in a registered course at a level equal to or higher than the course for which the visa was granted, and achieving satisfactory course progress and attendance. Condition 8516, requiring the applicant to continue to satisfy the primary criteria for a student visa, was also relevant.

The Tribunal found that the applicant had not met the criteria for the visa. This conclusion was based on the applicant's history of non-enrolment in four degree courses and their current enrolment in a lower-level course. The Tribunal also noted that further information was provided late. Consequently, the Tribunal was not satisfied that the applicant intended to comply with the conditions of the visa, particularly condition 8202.

As the applicant did not meet the criteria for the Subclass 500 (Student) visa, and did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision under review.