Navneet Sharma, who arrived in Australia after being granted a student visa on 23 May 2007, agreed “that the last course he had completed was in 2009 and that since then he has not completed any course” according to the Federal Circuit Court’s decision.
The delegate had refused Sharma’s visa application on 17 April 2015 as the delegate was not satisfied that Sharma intended genuinely to stay in Australia temporarily.
In its decision, the tribunal put to Sharma that “he had not completed any courses in the last 6 years, that this period of time spanned periods when he was on a substantive student visa as well as bridging visas, that his study area had ranged across diverse areas of study which were unrelated, that he continued to seek to study in the VET sector which was relatively cheap when compared with the higher education sector, that it appeared he had no study or career plan, and that he now sought a further student visa because he wished to prolong his stay in Australia.”
'Not interest in academic progress'
Sharma pleaded the tribunal for one more chance but the tribunal “considered that the reason Mr Sharma has not completed any course is because Mr Sharma is not interested in academic progress, or any career that might come from that progress, and is primarily interested in remaining in Australia, and seeks the Student Visa for that purpose.”
Sharma sought for judicial of the decision, but the federal court upheld the tribunal’s decision as no jurisdictional error was found.
The court concluded that the “Tribunal engaged in an active intellectual process and gave genuine consideration to the factors” to the extent necessary in Mr Sharma’s circumstances.
The federal court also ordered Sharma to pay costs in the sum of $5,500 by 28 June 2018.
According to the Department of Home Affairs, “The genuine temporary entrant (GTE) requirement is an integrity measure to ensure that the student visa programme is used as intended and not as a way for international students to maintain ongoing residency in Australia.”
Genuine intention to stay
One must satisfy the department that he or she has a genuine intention to stay in Australia temporarily.
Many students arrive in Australia with very high hopes of making careers for themselves, while there are some for whom getting student visas is only a way of gaining entry to Australia, according to Chaman Preet who is a migration and education experts.
"Guided by not so knowledgeable education agents overseas, their objective is to get their foot through the door and then they see themselves going from one career pathway to another. Many of these students change their career pathways several times and as a result apply for several student visa extensions," she says.
Chaman Preet advises that it is essential for student visa holders and also those who are intending to apply for one to start planning their career pathway from day 1. Planning is the key, she says.
"They need to know what they intend to achieve at the end of their studies be it a migration outcome or a career outcome. Meticulous planning and right career counselling can ensure that they don’t end up changing pathways and in turn, applying for several student visas," says Chaman Preet.
