1709450 (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), which was affirmed by the Tribunal. The applicant sought to study an Advanced Diploma of Leadership and Management. The primary issue before the Tribunal was whether the applicant met the criteria for a genuine temporary entrant (GTE) as stipulated in clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily and if they intended to comply with the conditions of the visa. In making this determination, the Tribunal was bound to consider Direction No. 69, which outlines specific factors relevant to assessing the GTE criterion. These factors include the applicant's circumstances in their home country and in Australia, the value of the proposed course to their future, their immigration history, and any other relevant information.

The Tribunal found that the applicant did not meet the GTE criteria. While the applicant provided a Certificate of Enrolment for the Advanced Diploma of Leadership and Management and information about the course subjects after the hearing, these submissions did not sufficiently address the concerns raised. The Tribunal noted discrepancies in the applicant's Genuine Temporary Entrant statements and considered that the applicant's stated intention to open a business, coupled with a lack of clear study and attendance history, did not demonstrate a genuine intention to study temporarily in Australia. The Tribunal concluded that the applicant's circumstances did not satisfy the requirements of clause 500.212.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 500 (Student) visa.