Wang (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The applicant, a 29-year-old Chinese citizen, had previously studied in Australia and applied for a Diploma of Human Resources and an Advanced Diploma of Management. The delegate had refused the visa, and this decision was under review by the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 500 visa, specifically focusing on the requirements of clause 500.211 concerning enrolment in a course of study and clause 500.212 regarding the genuine temporary entrant (GTE) criterion. The Tribunal also had to consider the application of Direction No. 69, issued by the Minister under section 499 of the Migration Act 1958, which provides guidance on assessing the GTE criterion.

The Tribunal noted that while it was bound to consider the Direction, it was an independent statutory body required to reach its own conclusions on the merits of the case. The applicant had not provided a questionnaire regarding course progress, which the Tribunal found puzzling given his nearing completion of studies. PRISMS searches indicated the applicant had completed one diploma and was studying another, and the Tribunal did not place weight against him for continuing his engagement with studies despite the visa refusal. However, the applicant had failed to provide corroborating evidence from any course provider regarding his studies in Australia. Crucially, the Tribunal found that the applicant was not a genuine applicant for entry and stay as a student, as required by clause 500.212.

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