We successfully assisted our client D. Jin in overturning a decision made by the Department of Immigration and Border Protection to refuse his application for a further subclass 572 Vocational Education Student visa. The Department was not satisfied that our client intended to genuinely stay in Australia on a temporary basis due to the large number of unrelated courses that he had taken over a period of seven years and his failure to complete any courses.
We represented Mr Jin in an application to the Migration Review Tribunal (MRT) for review of the decision. In our submission, we relied on detailed evidence to support our contention that Mr Jin satisfied the genuine temporary entrant criterion and that his lack of academic progress was due to compelling circumstances. We emphasised that a lack of academic progress does not automatically mean a person is not a genuine student, but should rather be assessed against individual circumstances and hardships which should also be taken into consideration.
The MRT was satisfied with our submission and remitted the application to the Department for reconsideration.
MRT Case number 1311256
See the decision record for this case below.
See the decision record for this case below.
