Dlima (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for Student (Temporary) (Class TU) visas by a primary applicant and secondary applicants. The dispute centred on whether the primary applicant genuinely intended to stay in Australia temporarily, a requirement for the grant of the visa.

The legal issue before the Tribunal was whether the primary applicant satisfied the criteria for a genuine temporary entrant under clause 500.212 of Schedule 2 to the Migration Regulations 1994. This involved assessing the applicant's circumstances in their home country and potential circumstances in Australia, the value of the proposed course to their future, and their immigration history, in accordance with Direction No. 69 issued under section 499 of the Migration Act 1958.

The Tribunal reasoned that the primary applicant had not demonstrated a genuine intention to stay temporarily in Australia. This conclusion was based on an overall assessment of the applicant's circumstances, including their immigration history and the fact that they applied for the student visa shortly after arriving in Australia on a tourist visa, with no equivalent courses available in their home country. As the primary applicant failed to satisfy the primary criteria, the secondary applicants, as members of the family unit, could not satisfy the secondary criteria for the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicants Student (Temporary) (Class TU) visas.