Chen (Migration)

The Administrative Appeals Tribunal considered the case of a 27-year-old Chinese citizen who applied for a Subclass 500 (Student) visa. The applicant had been residing in Australia on student or bridging visas since mid-2008, pursuing vocational education and training in hospitality and commercial cookery before enrolling in a Bachelor of Business (Accounting) degree. The core dispute revolved around whether the applicant genuinely intended to stay in Australia temporarily as a student, as required by the *Migration Regulations 1994* (Cth) and Ministerial Direction No. 69.

The Tribunal was required to determine if the applicant satisfied the criteria for a genuine temporary entrant, specifically clause 500.212 of Schedule 2 to the Regulations. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily, having regard to her circumstances, immigration history, and any other relevant matters, as guided by Ministerial Direction No. 69. The Direction stipulated that specified factors should not be treated as a checklist but as guidance for a holistic assessment of the applicant's circumstances.

In reaching its decision, the Tribunal found that the applicant's extended residence in Australia since the age of 17, coupled with infrequent and limited visits to her home country (approximately one month every four years), suggested a lack of strong personal and economic ties to China. Her financial support, facilitated by friends carrying money from her parents, and her assertion that short breaks were insufficient to visit China, further contributed to the Tribunal's concern about her incentive to return. The Tribunal concluded that these factors indicated the applicant was using the student visa program to maintain residence rather than for the genuine purpose of temporary study. Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.