Van Lill (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by an applicant, a citizen of South Africa, against the refusal of their Student (Temporary) (Class TU) visa, Subclass 500. The applicant had previously held multiple student visas in Australia, studying a Diploma in Business and Commercial Studies, a Graduate Diploma of Strategic Leadership, and most recently, a Graduate Certificate in Management (Learning). The refusal decision was made on 30 July 2019.

The primary legal issue before the Tribunal was whether the applicant met the criterion under clause 500.212 of Schedule 2 to the Migration Regulations 1994, specifically whether the applicant was a genuine applicant for entry and stay as a student, and whether they genuinely intended to stay in Australia temporarily. This assessment required consideration of Direction No. 69, which outlines factors to be taken into account when assessing the genuine temporary entrant criterion, including the applicant's circumstances in their home country and Australia, the value of the course to their future, and their immigration history.

The Tribunal found that the applicant had recently enrolled in a Graduate Certificate in Management at the Australian Academy International Pty Ltd, commencing 2 August 2021. Given this recent enrolment, the Tribunal was satisfied that the applicant met the criterion under clause 500.212. The Tribunal concluded that the matter should be remitted for reconsideration by the Minister to assess the remaining criteria for the Subclass 500 visa.