Carneiro (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a delegate's decision to refuse a Student (Temporary) (Class TU) visa, subclass 500. The applicant, a 21-year-old French citizen, sought to remain in Australia to complete a General English course. The delegate had refused the visa application, finding that the applicant did not meet the genuine temporary entrant (GTE) criterion.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay in Australia temporarily for the purpose of study and then depart. This involved assessing the applicant's credibility and the veracity of her stated intentions and circumstances surrounding her previous enrolment and current application. The Tribunal was required to consider all evidence presented, including the applicant's oral evidence, written submissions, and departmental records, to determine if she met the GTE requirements.

The Tribunal affirmed the delegate's decision to refuse the visa. It found serious reservations about the applicant's genuineness as a temporary entrant. The Tribunal noted that the applicant had resided in Australia since 2018, holding a working holiday visa that expired in October 2019, and had been on a bridging visa since then. Her explanation for the significant delay between her previous visa refusal and commencing her current course, stating she was advised by her former agent to wait for the review outcome and had been "not doing much," raised concerns. Furthermore, her assertion that she was unaware of her previous enrolment in business courses, that these were arranged by her agent, and that she did not prepare her Genuine Temporary Entrant statement, coupled with her claim of poor English language skills, led the Tribunal to doubt her stated intentions and understanding of her visa application process.