NB Migration Law recently represented a client at the Administrative Appeals Tribunal (AAT) to appeal the refusal of their Subclass 500 – student visa application (‘application’), on the basis that the applicant did not meet the Genuine Temporary Entrant (GTE) requirement, as well as failure to provide sufficient information as to the reason for change in study pathway:
The applicant came to Australia in 2018 to study a Healthcare course, which was completed in 2019, the same year the applicant has suffered from domestic violence. In 2020, the applicant was working as a disability support worker when a decision was made to change to Hospitality and Management course, without notifying the Department with their change in circumstances. In 2021, the Applicant lodged the application with a new COE (Confirmation of Enrolment) for Hospitality studies, with the possibility of staying in Australia for two more years. The application was refused as the Department was not satisfied that the applicant meets the GTE criteria stipulated under clause 500.212(a) of Schedule 2 to the regulation:
The applicant is a genuine applicant for entry and stay as a student because:
(a) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter;…
The Department, in their reasoning to refuse the application, was concerned that the choice of courses and change in applicant’s study pathway was not for the purpose of academic progression and enhancing their future employment opportunities in their home country, rather to prolong their stay in Australia. Additionally, the applicant has not provided strong evidence to demonstrate their intention to return to their home country.
NB Migration Law has successfully established for the applicant’s AAT appeal that the GTE criteria was met, which includes compelling reasons i.e. both mental and physical abused suffered by the applicant making her unfit to study and deciding to change career path; and the applicant’s children remaining in their country of origin, despite not owning assets, is sufficient intention to return home.
After almost a year of waiting, the applicant has finally received a favourable outcome. Last month, the Tribunal remitted the application to the Department, with the direction that the applicant meets the GTE criteria under Cl 500.212(a).
Please do not hesitate to reach out and speak with the NB Migration Law team, if you need assistance with your visa refusal and AAT appeal. Call us on 07 3876 4000 or email us at [email protected]
Please note that the content of this article is intended to provide a general overview and not legal advice. You must seek professional advice specific and tailored to your circumstances.
Credits: Article prepared by Daryl Hamley, migration lawyer at NB Migration Law
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