Cheng (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa by Mr. Cheng. The central issue before the Tribunal was whether Mr. Cheng met the genuine temporary entrant criterion for the visa.

The Tribunal was required to determine if Mr. Cheng genuinely intended to stay in Australia temporarily, as mandated by clause 500.212(a) of Schedule 2 to the Migration Regulations 1994. In making this determination, the Tribunal had regard to Direction No. 69, which outlines various factors to be considered, including the applicant's circumstances in their home country and in Australia, their immigration history, and the value of the proposed course to their future.

The Tribunal noted Mr. Cheng's immigration history, which included overstaying a previous visa and withdrawing an application for a Temporary Graduate visa (subclass 485) due to his degree not meeting the requirements for a skills assessment. Furthermore, his stated intention to study at a diploma level to consolidate his foundation in professional programming, despite holding a Bachelor of Multimedia from RMIT, and his limited ties to his home country, such as not returning for cost reasons and relying on social media for family contact, were considered. The Tribunal concluded that these factors, when viewed holistically, did not support a finding that Mr. Cheng was a genuine temporary entrant.

Consequently, the Tribunal affirmed the decision not to grant Mr. Cheng a Subclass 500 (Student) visa, finding that he had not met the relevant criteria.