Hsieh (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by the applicant. The central dispute was whether the applicant met the criteria for being a genuine temporary entrant, as required by the Migration Regulations 1994.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily for the purpose of study. This involved assessing various factors, including the applicant's circumstances in her home country and in Australia, the value of the proposed course to her future, and her immigration history, in accordance with Direction No. 69 issued under section 499 of the Migration Act 1958.

The Tribunal noted the applicant's previous visa history, including working holiday and tourist visas, and her engagement in studies in Australia since 2017, progressing through English language certificates and diplomas in business and commercial cookery. It also considered evidence of a vehicle accident, surgery, and subsequent recovery, as well as business plans with a partner. The Tribunal found that the applicant met criterion cl.500.212(a) of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant meets the specified criterion.