Arriyapperuma Ramanayake (Migration)

The applicant, Arriyapperuma Ramanayake, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the refusal of a Student (Temporary) (Class TU) visa, subclass 500. The decision under review was made by a delegate of the Minister.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the delegate had erred in finding that the applicant was not a genuine temporary entrant (GTE) as required by the *Migration Regulations 1994* (Cth) and Direction No. 69. This involved assessing whether the applicant's stated intention to undertake further study in Australia was genuine, considering their employment plans, personal ties to their home country, and immigration history.

The Court considered the delegate's assessment of the applicant's circumstances, including the impact of the COVID-19 pandemic on their ability to return to their home country and their stated motivations for seeking a further student visa. The delegate had weighed various factors, including the applicant's previous visa history and their stated future intentions. The Court found that the delegate had properly considered the relevant criteria and had not made any errors of law in reaching the conclusion that the applicant did not satisfy the GTE requirement.

The application for judicial review was dismissed.