Genuine Intent to Stay Temporarily in Australia on a Student Visa
If you intend to apply for a Student visa, one of the requirements is that you must genuinely intend to stay temporarily in Australia. However, the term “temporarily” is not defined in the Migration Act 1958 or the Migration Regulations 1994.
In the Administrative Appeals Tribunal’s case of Ocares Rojas (Migration)[1], the Applicant was granted her initial Subclass 570 offshore on 14 May 2014. She arrived in Australia on 27 June 2014 and has not left Australia since arrival. The Applicant was granted a further student visa on 5 March 2015 which was valid until 26 April 2017. She submitted her current student visa application on 26 April 2017. This application was rejected by the Department. Pending her review application to the AAT, from July 2017 until the present time (the date of the decision, i.e. 18 Jan 2019), the Applicant has been enrolled in Commercial Cookery courses at Certificate III and IV level. She completed the first course in Commercial Cookery in July 2018 and is currently enrolled in the second Commercial Cookery course. She is scheduled to conclude her Diploma of Hospitality Management in October 2019. Upon review to the AAT, the AAT decided that the Applicant genuinely intends to stay in Australia temporarily.
How did the Tribunal come to this conclusion?
The Tribunal found that the Applicant’s enrolments were sequential and continuing since her arrival in Australia. There were not any periods of non-study or non-enrolment.
The Applicant adhered to all conditions attached to her student visa. The Applicant progressed academically. The Applicant provided a logical connection and coherent plan between her career experience, current study plans and future career.
The Applicant is a single woman. Her daughter lives in Chile as do other members of her own family. The Tribunal is satisfied the Applicant’s personal ties to her home country serve as a significant incentive to return to her home country. Although the Applicant has been in Australia for many years, her ties to Australia are limited.
Key Takeaways
Even though a person has remained in Australia for many years, this does not necessarily mean that this person does not have a genuine intention to stay temporarily.
In this case, the AAT resolved the review application on the papers. No hearing was required. Merely based on the documents submitted, the Tribunal decided that it is sufficient to show that the Applicant genuinely intends to stay temporarily in Australia.
Getting Assistance
If you have a student visa refused by the Department, it is not the end of the day. You contact us at 02-27007200 or email us to book in a time at info@ahclawyers.com.
Reference:
[1] [2019] AATA 191