Deciyanto (Migration)

The Administrative Appeals Tribunal (AAT) reviewed a decision by a delegate of the Minister for Home Affairs to refuse Mr. Fredy Deciyanto a Student (Temporary) (Class TU) visa. Mr. Deciyanto applied for the visa to undertake further study in Australia. The delegate's refusal was based on the applicant not satisfying the requirements of clause 500.212(a) of Schedule 2 to the Migration Regulations 1994, specifically that the delegate was not satisfied the applicant genuinely intended to stay in Australia temporarily as a full-time student.

The primary legal issue before the Tribunal was whether Mr. Deciyanto met the genuine temporary entrant (GTE) criterion under clause 500.212(a) of the Migration Regulations. This required the Tribunal to consider various factors, including the applicant's circumstances in his home country and in Australia, his immigration history, and the value of the proposed course of study to his future. The Tribunal was guided by Direction No. 69, issued under section 499 of the Migration Act 1958, which outlines factors to be considered when assessing the GTE criterion.

The Tribunal found that Mr. Deciyanto, a 41-year-old Indonesian national, had been in Australia on student visas for approximately 11 years by the time of the decision. His academic history in Australia was extensive, and he had completed several diplomas and certificates. The Tribunal was unpersuaded that the proposed Advanced Diploma of Leadership and Management would add significant value to his stated career plan of opening a café or restaurant in Indonesia, given his existing qualifications and work experience. Furthermore, his limited return visits to Indonesia and the length of his proposed stay in Australia weighed heavily against him being a genuine temporary entrant. The Tribunal concluded that Mr. Deciyanto appeared to be using the student visa program primarily to maintain ongoing residence in Australia.

Consequently, the Tribunal was not satisfied that Mr. Deciyanto genuinely intended to stay in Australia temporarily and therefore did not meet the requirements of clause 500.212(a). The Tribunal affirmed the delegate's decision not to grant the Student (Temporary) (Class TU) visa.