Singh (Migration)

This matter concerned an application for review of a decision not to grant the Applicant a student visa. The Applicant had applied for a Subclass 572 Vocational Education and Training Sector visa. The Tribunal was required to determine whether the Applicant met the genuine temporary entrant criterion and the enrolment criterion for the visa.

The Tribunal considered various factors in its assessment, including the Applicant's educational history, career plans, and length of stay in Australia. The Applicant had undertaken a series of short, inexpensive courses over a period of more than ten years, which the Tribunal found suggested an attempt to maintain ongoing residence in Australia rather than genuine study. The Tribunal also noted the Applicant's frequent changes in career plans and the lack of a clear educational or career trajectory. Furthermore, the Applicant's prolonged continuous residence in Australia on student visas, exceeding a decade, was considered strong evidence of an intention to remain in Australia.

The Tribunal applied the principles established in *Kumar v Minister for Immigration and Border Protection* [2020] FCFCA 16, which guided its approach to considering unfavourable factors. While the Applicant met the enrolment criterion, the Tribunal was not satisfied that he met the genuine temporary entrant criterion. Consequently, the Tribunal affirmed the decision not to grant the Applicant a student visa.