1509791 (Migration)

This matter concerned an application for review of a decision not to grant Student (Temporary) (Class TU) visas to the applicants. The primary issue before the Tribunal was whether the applicants met the criterion in cl.570.223 of the Migration Regulations 1994, which requires the Minister to be satisfied that the applicant is a genuine applicant for entry and stay as a student. This involves assessing whether the applicant genuinely intends to stay in Australia temporarily, considering their circumstances, immigration history, and any other relevant matters.

The Tribunal was required to consider Direction No. 53, which provides guidance on assessing the genuine temporary entrant criterion. This Direction mandates consideration of the applicant's circumstances in their home country and potential circumstances in Australia, the value of the proposed course to their future, their immigration history, and the intentions of parents or guardians if the applicant is a minor. The Direction emphasizes that these factors should be weighed holistically rather than treated as a checklist. The applicant was informed of the mandatory criterion, the focus on their intentions for a genuine temporary stay as a student, and the considerations outlined in Direction No. 53.

The Tribunal found that the secondary visa applicant did not propose any study, had no relevant course enrolment, and therefore would not meet the primary criteria for any student visa subclass. Furthermore, she failed to meet relevant secondary criteria. Consequently, the Tribunal affirmed the decisions not to grant the applicants Student (Temporary) (Class TU) visas.