1602159 (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa. The applicant sought to have a decision reviewed concerning whether they met the time of decision criterion in cl.572.223 of the Migration Regulations 1994, specifically whether they were a genuine applicant for entry and stay as a student, intending to stay in Australia temporarily.

The Tribunal was required to determine if the applicant satisfied the genuine temporary entrant criterion under cl.572.223(1)(a). In making this determination, the Tribunal was bound to consider Direction No. 53, which outlines specific factors to be weighed when assessing this criterion. These factors include the applicant's circumstances in their home country and Australia, the value of the course to their future, their immigration history, and any other relevant information. The Direction emphasizes that these factors are guides and not a checklist, requiring a holistic assessment of the applicant's circumstances.

The Tribunal noted that the applicant had been in Australia for approximately ten years with short gaps, stating she always studies. While she provided reasons for these absences, she lacked documentary evidence. The Tribunal also examined the applicant's current course of study, accepting a computer-generated document as genuine, despite some reservations about its verification. Having regard to these matters and the applicant's overall circumstances, the Tribunal concluded that the applicant met the requirements of cl.572.223(1)(a). Consequently, the Tribunal remitted the application for reconsideration by the delegate, with a direction that the applicant meets the specified criteria for a Subclass 572 Vocational Education and Training Sector visa.