What determines if a student is genuine?

Legal Scales

What determines if a student is genuine?

On 21 September 2016 the Federal Circuit Court of Australia, in the case of Rehill v Minister for Immigration & Anor [2016] FCCA 2342 (21 September 2016), dismissed an international student’s appeal against the Tribunal’s earlier decision that he was not a genuine student on the basis that the pattern of his studies supported an inference that his current application for another student visa was made for the ulterior purpose of prolonging his stay in Australia. The applicant had been on a student visa in Australia since April 2009.

Having made that finding, the Tribunal then found that he did not satisfy the legislative criteria for the grant of the visa because it was not satisfied that he was a genuine applicant for entry and stay in Australia as a student because he did not intend genuinely to stay in Australia temporarily.

Some of the factors that may be relevant considerations to your student visa application include:

  • The visa applicant’s circumstances;
  • The visa applicant’s immigration history; and
  • Any other relevant matter.


The above criteria could include considerations such as:

  • If the Minister is unsatisfied of your future intentions in Australia
  • If the Minister believes that the same course being undertaken in Australia could also be taken in the applicant’s home country
  • If the Minister is unsatisfied by the applicant’s immigration history which might reflect some changes in courses, or depict any form of non-seriousness towards the course
  • If your education history depicts instability


If you are considering applying for a student visa it it worth consulting a professional to assess your proposed visa application against the applicable legislative criteria. Contact Us today to discuss your options.

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