Vo (Migration)

The Administrative Appeals Tribunal considered the case of Mr Vo, who sought review of a decision not to grant him a Subclass 500 (Student) visa. The primary dispute concerned whether Mr Vo met the criterion of being a genuine applicant for entry and stay as a student, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if Mr Vo genuinely intended to stay in Australia temporarily and if he intended to comply with the conditions of the visa. In assessing the genuine temporary entrant criterion, the Tribunal had regard to Direction No. 69, which outlines various factors to consider, including the applicant's circumstances in their home country and in Australia, their immigration history, and the value of the course to their future.

The Tribunal noted that Mr Vo had not provided a Genuine Temporary Entrant (GTE) statement to the Department. Instead, the Tribunal read to Mr Vo a statement under s 359AA of the Act, which detailed adverse information from the Provider Registration and International Students Management System (PRISMS). This information indicated that Mr Vo had enrolled in 16 courses since arriving in Australia in June 2013, had his enrolment cancelled in many of these courses due to non-commencement or unsatisfactory progress, and had minimal academic progress between February 2014 and August 2016. While he had completed a Diploma and an Advanced Diploma, the Tribunal found that his extensive enrolment history and periods of cancelled or incomplete studies, without further explanation, were not consistent with being a genuine student intending to stay in Australia temporarily.

Consequently, the Tribunal found that Mr Vo did not meet the criteria for the grant of a Subclass 500 (Student) visa. The Tribunal affirmed the decision not to grant the visa.