Genuine Temporary Entrant (“GTE”) and Condition 8516 (“SVP”)
In this case, our client (S. Huang) sought our assistance in responding to a letter of adverse information from the Department of Immigration and Border Protection (“DIBP”) regarding his application for a further subclass 573 Student visa.
In the letter, DIBP stated that Mr Huang had breached condition 8516 of his previous Student visa by not studying an eligible course at an eligible education provider under the streamlined visa processing (“SVP”) arrangement. The DIBP had also received adverse information from Mr Huang’s previous education provider that he had breached visa condition 8202 by not achieving satisfactory course progress. Additionally, the fact that Mr Huang had not completed a course for nearly 3 years further fuelled the DIBP’s belief that Mr Huang did not intend to genuinely stay in Australia on a temporary basis.
We prepared a detailed submission to DIBP which thoroughly responded to each of the DIBP’s concerns. In regards to our client’s breach of condition 8516, we explained that our client had no practical understanding of condition 8516 under the SVP arrangement, nor was it ever reasonably brought to our client’s attention in any way. By carefully explaining our client’s circumstances, we further submitted that poor academic progress should not be an automatic indication that our client is not a genuine temporary entrant. We encouraged the DIBP to adopt a holistic approach on this point by providing additional documentation which showed that his history of poor academic progress was instead due to individual hardship.
The DIBP was satisfied with the information provided and our client successfully obtained his Student visa.
Please click on the attached file to see the full contents of the original request letter as well as the final visa grant outcome.
