Arachchi v Minister for Immigration

Arachchi (the applicant) sought judicial review of a decision by the Minister for Immigration (the respondent) to refuse to grant her a student (Temporary) (Class TU) (Subclass 500) visa. The core of the dispute concerned whether the applicant was a genuine temporary entrant for the purpose of studying in Australia.

The primary legal issue before the Federal Court was whether the delegate of the Minister had erred in law in assessing the applicant's genuine temporary entrant (GTE) status. Specifically, the court considered whether the delegate had failed to properly consider all relevant factors, including the applicant's circumstances in her home country and her stated intentions for studying in Australia, when making the GTE assessment.

Justice Jarrett found that the delegate had properly considered the relevant criteria for a GTE assessment. The delegate had taken into account the applicant's financial capacity, her employment history, and the proposed course of study in relation to her future career prospects. The court held that the delegate's conclusion that the applicant had not satisfied the GTE requirement was open to them on the evidence before them, and that there was no error of law in the decision-making process. The application for judicial review was therefore dismissed.