Foh (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought to review a decision to refuse their visa application. The central issue was whether the applicant met the criteria for being a genuine temporary entrant as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, having regard to their circumstances in their home country and potential circumstances in Australia, the value of the proposed course to their future, and their immigration history. This assessment was to be guided by Direction No. 69, which outlines various factors to be considered, but explicitly states these should not be used as a checklist. The Tribunal was to consider the applicant's circumstances as a whole to reach a finding on the genuine temporary entrant criterion.

The Tribunal found that the applicant met the requirements of clause 500.212. Consequently, the Tribunal remitted the applications for Student (Temporary) (Class TU) visas for reconsideration, with a direction that the primary applicant satisfies the genuine temporary entrant criterion.