CHEN (Migration)

This matter concerned an appeal by a Malaysian citizen, the applicant, against a decision of the Migration Review Tribunal (the Tribunal) which affirmed a delegate of the Department of Home Affairs' refusal to grant him a Student (Temporary) (Class TU) visa, subclass 500 (Student). The applicant, aged 59, had been in Australia since 2014 on various student visas and had completed a series of business and accounting qualifications at certificate, diploma, and advanced diploma levels. At the time of the delegate's decision, he had enrolled in an Advanced Diploma of Accounting.

The primary legal issue before the court was whether the Tribunal erred in law in affirming the delegate's decision to refuse the visa application, specifically concerning the applicant's status as a genuine temporary entrant (GTE). This involved assessing whether the Tribunal had adequately considered the applicant's study history, the value of the proposed course to his future employment prospects in Malaysia, and whether there was sufficient evidence of incentives for him to remain in or return to his home country.

The Tribunal had rejected the applicant's submission that further study was necessary for his career advancement, finding that his existing qualifications were sufficient for him to return to Malaysia and secure suitable employment in business management or a related field. The Tribunal considered that the proposed Advanced Diploma of Accounting was a "lower level course" and did not believe it would genuinely assist him in obtaining employment or improving his prospects or remuneration in his home country. Furthermore, the Tribunal found that the applicant did not demonstrate a reasonable level of knowledge of his current course, given his prior extensive study.

The Tribunal affirmed the delegate's decision to refuse the visa application.