TRAN (Migration)

This matter concerned an application for review of a decision not to grant a Subclass 500 (Student) visa. The applicant, a 32-year-old from Vietnam, sought to undertake English language studies followed by a Certificate IV and Diploma in Leadership and Management in Australia. The applicant had arrived in Australia on a Tourist visa and was subsequently granted a Bridging visa that permitted study but restricted travel and work.

The primary legal issue before the Tribunal was whether the applicant was a genuine applicant for entry and stay as a student, as required by clause 500.212 of Schedule 2 to the Migration Regulations. This required the Tribunal to consider whether the applicant genuinely intended to stay in Australia temporarily and whether she intended to comply with the visa conditions.

The Tribunal considered various factors in assessing the applicant's genuineness. While the applicant expressed a desire for an international qualification to bring business knowledge to her home country, the Tribunal noted an inconsistency between her stated work history, which included running her own business, and her current lack of paid employment and significant living expenses in Australia. Furthermore, the applicant had not provided any clear future career plans or evidence demonstrating how the proposed courses would advance her career prospects in Vietnam. The Tribunal also noted the applicant's personal ties to Vietnam, including her mother and siblings, and her last visit to her family in January 2017.

Ultimately, the Tribunal concluded that the applicant had not satisfied the criteria for the grant of a Subclass 500 (Student) visa. Accordingly, the decision under review was affirmed.