GU (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration and Border Protection to refuse to grant a Subclass 500 (Student) visa to Mrs Chen Gu and her dependent applicants. The applicants had applied for the visa to undertake study in Australia. The delegate refused the visa on the basis that the applicant did not satisfy the requirements of clause 500.212(a) of Schedule 2 to the Migration Regulations 1994, finding that the applicant did not intend to reside in Australia temporarily. The Administrative Appeals Tribunal was required to determine whether the applicant was a genuine temporary entrant.

In considering whether the applicant met the genuine temporary entrant criterion, the Tribunal was required to have regard to Direction number 69, which outlines specified factors to be considered. These factors include the applicant's circumstances in their home country and potential circumstances in Australia, the value of the proposed course of study to the applicant's future, the applicant's immigration history, and, if the applicant is a minor, the intentions of their parent or guardian. The Tribunal also had to consider any other relevant information provided by the applicant or otherwise available.

The Tribunal affirmed the delegate's decision. The reasons for this affirmation are not detailed in the provided text, beyond stating that the Tribunal concluded the decision under review should be affirmed.