Shin (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant, Mr Shin, sought to demonstrate that he was a genuine applicant for entry and stay as a student, as required by clause 500.212 of the Migration Regulations 1994 (Cth). The Tribunal was required to consider whether Mr Shin genuinely intended to stay in Australia temporarily.

The Tribunal was tasked with determining whether the applicant met the criteria for a Subclass 500 (Student) visa, specifically clause 500.212, which requires the applicant to be a genuine applicant for entry and stay as a student. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily, having regard to his circumstances, immigration history, and any other relevant matters, as guided by Direction No. 69. The Tribunal also considered the circumstances of other family members who were also applicants for the visa, who relied on the primary applicant satisfying the primary criteria.

In its reasoning, the Tribunal noted that the applicant had not lived in his home country since arriving in Australia in 2007 and had completed military service prior to his arrival. The Tribunal found that it was not satisfied that the applicant genuinely intended to stay in Australia temporarily, and therefore he did not meet clause 500.212(a). Consequently, the Tribunal concluded that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa.

The Tribunal affirmed the decision under review. As the primary applicant failed to satisfy the primary requirements for the grant of the student visa, the secondary applicants, who were family members, also failed to satisfy clause 500.311 and therefore did not meet the criteria for the grant of a student visa.