Guan (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by Mr. Guan, a citizen of China. Mr. Guan had been residing in Australia since 2009 and was enrolled in a Bachelor of Commerce (marketing) at Curtin University, due to complete his studies in December 2019. The dispute concerned whether Mr. Guan met the criteria for a genuine temporary entrant.

The primary legal issue before the Tribunal was to determine whether Mr. Guan genuinely intended to stay in Australia temporarily, as required by clause 500.212(a) of Schedule 2 to the Migration Regulations 1994. This assessment was to be conducted in accordance with Direction No. 69, which outlines various factors to be considered, including the applicant's circumstances in their home country and potential circumstances in Australia, the value of the proposed course to the applicant's future, and their immigration history.

The Tribunal found that Mr. Guan satisfied the genuine temporary entrant criterion under clause 500.212(a). However, the decision text indicates that the Tribunal was considering a scenario where there might have been a regression in the level of study or a change in the field of study, which are factors that could raise concerns under Direction No. 69. Despite these potential concerns, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister to assess the remaining criteria for the Subclass 500 visa. The Tribunal directed that Mr. Guan met the genuine temporary entrant criterion.