Zhang (Migration)

The Administrative Appeals Tribunal considered the case of Mr Zhang, who sought review of a decision to refuse him a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether Mr Zhang was 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 whether Mr Zhang genuinely intended to stay in Australia temporarily, having regard to his circumstances and immigration history, and whether he intended to comply with the conditions of the visa. This involved assessing whether his proposed course of study in automotive management would genuinely enhance his future career prospects in his home country of China, and whether he had a significant incentive to return there.

The Tribunal noted Mr Zhang's extensive history of holding student visas in Australia since 2014, during which time he had been enrolled in various secondary education courses without successful completion. His proposed further study, commencing in April 2017 and due for completion in December 2019, would extend his total period of stay in Australia to over six years. The Tribunal found that Mr Zhang had not established that his proposed studies would substantively improve his career prospects in China, nor was it satisfied that these courses were selected to further his educational outcomes or career. Furthermore, considering his prolonged stay and the economic circumstances, the Tribunal was not convinced that he possessed a significant incentive to return to China, and concluded that he appeared to be using the student visa program to maintain ongoing residence in Australia rather than for genuine study.

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