Zhao (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by the applicant, Ms. Zhao, for review of a decision to refuse her a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether Ms. Zhao met the criteria for the visa, specifically the genuine temporary entrant requirement.

The Tribunal was required to determine if Ms. Zhao genuinely intended to stay in Australia temporarily, as stipulated by clause 500.212(a) of Schedule 2 to the Migration Regulations 1994. This assessment involved considering various factors outlined in Direction No. 69, including the applicant's circumstances in her home country and in Australia, her immigration history, and any other relevant matters. The Tribunal also had to consider whether Ms. Zhao had complied with her visa conditions, particularly those relating to satisfactory course progress and maintaining ongoing residency in Australia.

In its reasoning, the Tribunal examined Ms. Zhao's visa and enrolment history, noting multiple instances of non-commencement of studies and cancellations of Confirmation of Enrolment (COE) for various courses. It found that Ms. Zhao had not achieved satisfactory course progress and had not complied with visa condition 8202. Furthermore, the Tribunal noted that Ms. Zhao had not been studying an eligible course at an eligible education provider, indicating a failure to comply with visa condition 8516. Based on these findings, the Tribunal concluded that Ms. Zhao did not meet the criteria for the Subclass 500 (Student) visa.

Accordingly, the Tribunal affirmed the decision under review, meaning the refusal of the Subclass 500 (Student) visa was upheld.