Student (Subclass 500) Visa Granted
CASE TYPE
The Applicant had a history of seven years of stay in Australia. In those seven years, the Applicant had a history of overstaying past their visa expiry dates, had held a BVE, and a Medical Treatment Visa. The Applicant was in their final year of their Bachelors Degree and wanted to apply for a Student Visa to complete the remaining studies.
CASE BACKGROUND DIFFICULTY
The Applicant being in their final year of university wanted to apply for a Student Visa. Although the Applicant had previously applied and granted for Bridging Visa E and Medical Treatment Visa without study rights. The Applicant had a study gap of over a year during their stay in Australia. For Subclass 500, under subclass 500.212 of the Migration Regulations, we need to ensure we demonstrated that our client is a genuine temporary entrant and had genuine intention to reside in Australia temporarily. It is critical to demonstrate an Applicant’s genuine intention, especially in circumstances where an Applicant has a long history in Australia, a period of unlawfulness, and a long study gap. We had demonstrated that the Applicant intended to study during the course of their stay and did not use this visa to extend their stay in Australia on a Student Visa.
CASE STRATEGY
At the time of lodgement, we ensured the Applicant demonstrated strong substantial ties to their home country and gathered maximum documentation pertaining to this. We prepared a legal submission (prepared in accordance with legal requirement stated in the Migration Regulations) disclosing the client’s immigration history, in order to establish that they would remain in Australia for study purposes.
CASE OUTCOME
The Department found that the Applicant did in fact meet the genuine temporary requirement and found the Applicants reasoning for applying for a Student Visa to finish their remaining studies to be plausible and the Applicant was granted a Student (Subclass 500) visa. The Application was granted without any further request from the Department.
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