Vieira da Silva (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought to enter Australia as a member of the family unit of a person who held a student visa. The primary issue before the Tribunal was whether the applicant met the criteria for being a genuine applicant for entry and stay as a member of the family unit of a student visa holder.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, as stipulated by clause 500.312 of Schedule 2 to the Migration Regulations 1994. This assessment was to be conducted in accordance with Ministerial Direction No. 69, which outlines factors to be considered when assessing the genuine temporary entrant criterion for student visas. These factors include the applicant's circumstances in their home country and potential circumstances in Australia, their immigration history, and any other relevant matters.

The Tribunal's reasoning focused on the applicant's circumstances in light of Direction No. 69. It was found that the applicant's personal ties to Australia, coupled with the use of the student migration program to maintain ongoing residence, indicated a lack of genuine intention to temporarily remain in Australia. The Tribunal concluded that the applicant did not satisfy the genuine temporary entrant criterion.

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.