Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision not to grant the visa. The core issue before the Tribunal was whether the applicant met the genuine temporary entrant criterion as stipulated in clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, having regard to their circumstances, immigration history, and any other relevant matters. This assessment was to be conducted in accordance with Direction No. 69, which provides guidance on factors to consider when assessing the genuine temporary entrant criterion for student visas. The Direction emphasizes that these factors should not be treated as a checklist but rather as a guide to considering the applicant's circumstances holistically.

In its reasoning, the Tribunal noted that the applicant had previously entered Australia on a student visa in 2013 and had undertaken a series of courses, including English for Academic Purposes, a Certificate IV in Business, a Diploma of Business, and a Bachelor of Business. The Tribunal considered the value of the proposed course to the applicant's future, particularly in relation to their previous employment and career path. It found that the study undertaken was not relevant to the applicant's previous employment and that the applicant appeared to be using the student visa to maintain ongoing residence in Australia through a series of low-level courses. Consequently, the Tribunal concluded that the applicant did not satisfy the genuine temporary entrant criterion.

The Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.