Dai (Migration)

This matter concerned an application for a Subclass 500 (Student) visa by the first and second named applicants. The core of the dispute revolved around whether the applicants met the genuine temporary entrant (GTE) requirement for the visa. The decision was made by the Tribunal.

The Tribunal was required to determine whether the applicants satisfied the GTE criterion, specifically in light of new evidence presented and the applicants' circumstances, including property and business ownership in Malaysia and the impact of COVID-19 travel restrictions. The Tribunal also had to consider the evidence of the applicants' enrolments in Australia.

The Tribunal's reasoning focused on the impact of the new evidence, which led it to be satisfied that the GTE criterion was met. The Tribunal applied the principles relevant to assessing the GTE requirement, considering the applicants' ties to their home country and their stated intentions for studying in Australia. The Tribunal concluded that the matter should be remitted for reconsideration.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the first named applicant meets the criteria under cl 500.212 of Schedule 2 to the Regulations, and the second named applicant meets the criteria under cl 500.311 of Schedule 2 to the Regulations.