Hou (Migration)

The Administrative Appeals Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the genuine temporary entrant criterion for a Subclass 500 (Student) visa, as guided by Direction No. 69. This involved assessing the applicant's circumstances, immigration history, and any other relevant matters to determine if they genuinely intended to stay in Australia temporarily.

The Tribunal's reasoning, informed by Direction No. 69, focused on the applicant's study history, including a failure to maintain enrolment and significant changes in their program of study. Furthermore, the applicant's immigration history, specifically having been onshore for more than ten years, was a significant factor considered in assessing their genuine intention to be a temporary entrant. The Tribunal concluded that, on balance, the applicant did not meet the genuine temporary entrant criterion.