Hwang (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), by a 36-year-old Korean citizen who had been in Australia since August 2011. The applicant had undertaken multiple courses in different subject areas since his arrival, including accounting, cookery, marketing and communication, and advanced diploma of leadership and management. The decision under review affirmed the refusal of the visa application.

The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for a Subclass 500 visa, specifically the "genuine temporary entrant" requirement under clause 500.212 of Schedule 2 of the Migration Regulations 1994. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily, considering his circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 69 issued by the Minister.

The Tribunal considered the applicant's lengthy stay in Australia, his varied course history, and the incentives for him to remain or return to his home country, which included his own business and a sibling in Australia, while his parents were in his home country. The Tribunal found that the applicant's future business plans were vague and generic. The Tribunal also noted that updated and further information was provided out of time, and the applicant was not entitled to a hearing. The Tribunal affirmed the decision not to grant the visa, finding that the criteria for a Subclass 500 visa were not met.