Chemes (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), by a 33-year-old Argentinian citizen. The applicant had been in Australia since May 2020 on a working holiday visa and had subsequently applied for a student visa. The decision under review affirmed the refusal of this visa application.

The primary legal issues before the court were whether the applicant met the criteria for a Subclass 500 visa, specifically the genuine temporary entrant (GTE) requirement, and whether the applicant had provided sufficient evidence of enrolment in a course of study. The court was also required to consider the Minister's Direction No. 69, which provides guidance on assessing the GTE criterion.

The court noted that the applicant had not responded to the Administrative Appeals Tribunal's invitation to provide current information, and the proposed study period had already passed. Furthermore, new enrolments in a different subject area were made after the Tribunal's letter was sent, with no explanation provided for not studying in his home country. The court considered the applicant's travel and work history, including extensive travel and employment in various countries before arriving in Australia and his subsequent work in Australia. The court found that the applicant's circumstances did not demonstrate a genuine intention to temporarily stay in Australia as a student, nor did they satisfy the enrolment requirements for the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa, finding that the criteria for the visa were not met.