Bordignon (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr. Bordignon for a Student (Temporary) (Class TU) visa, subclass 500. The primary dispute concerned whether Mr. Bordignon met the genuine temporary entrant (GTE) criterion for the visa. The delegate of the Minister had refused the visa application on the basis that this criterion was not satisfied.

The Tribunal was required to determine whether Mr. Bordignon was a genuine temporary entrant, and specifically, whether the delegate had erred in finding that he was not. This involved assessing whether Mr. Bordignon genuinely intended to stay in Australia temporarily for the purpose of study and whether he had made arrangements to undertake a registered course of study.

In its reasoning, the Tribunal noted that Mr. Bordignon was not currently enrolled in a registered course of study and did not have a current confirmation of enrolment. The Tribunal found that it was not appropriate to postpone its determination to allow Mr. Bordignon to obtain such documentation, as the assessment of the GTE criterion was based on the information available at the time of the delegate's decision and the applicant's circumstances at that point. The Tribunal affirmed the delegate's decision that the GTE criterion was not met.