CHANG (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether the applicant met the criteria for being a "genuine temporary entrant" as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994. The applicant's husband was a secondary applicant for the same visa.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, having regard to her circumstances, immigration history, and any other relevant matters, as guided by Direction No. 69. This Direction outlines various factors to be considered, including the applicant's circumstances in her home country and potential circumstances in Australia, the value of the proposed course to her future, and her immigration history. The Tribunal noted that the applicant and her husband had previously arrived in Australia on 27 December 2018 and that the applicant had not provided an information form requested by the Tribunal on 23 April 2020.

The Tribunal found that the applicant did not satisfy the genuine temporary entrant criterion under clause 500.212. Consequently, the Tribunal determined that the secondary applicant, Mr Jai Young Lee, did not satisfy the corresponding criterion for secondary applicants, clause 500.311. As a result, no further assessment was undertaken for the secondary applicant.

The Tribunal affirmed the decisions not to grant the applicants Student (Temporary) (Class TU) visas.