Smajli (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant, who had previously entered Australia on a Subclass 420 visa, sought to study English and then pursue a Diploma of Leadership and Management. The Tribunal, constituted by Jade Murphy, considered the applicant's study history, future plans, and overall circumstances in determining whether the applicant met the criteria for a genuine temporary entrant.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.212 of Schedule 2 to the Migration Regulations 1994, which requires an 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 and whether they intended to comply with visa conditions. In making this assessment, the Tribunal was guided by Direction No. 69, which outlines factors to consider when assessing the genuine temporary entrant criterion.

The Tribunal found that the applicant had not demonstrated consistent academic progress, having completed only one short English course over a two-year period and providing no satisfactory explanation for a significant gap in study. Furthermore, the applicant's future plans, while including a desire to return to Albania to work in business management and establish a music store, were considered vague and lacked specificity. The Tribunal concluded that these factors, when considered as a whole, did not satisfy the Tribunal that the applicant was a genuine student intending to stay in Australia temporarily.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, finding that the criteria for the visa were not met.