Jiang (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant, a 27-year-old Chinese national, sought to study in Australia. The core of the dispute was whether the applicant genuinely intended to stay in Australia temporarily, as required by clause 500.212(a) of Schedule 2 to the Migration Regulations 1994.

The legal issue before the Tribunal was to determine if the applicant satisfied the genuine temporary entrant criterion under clause 500.212(a) of the Migration Regulations. This assessment required the Tribunal to have regard to Direction No. 69, which outlines various factors to consider, including the applicant's circumstances in their home country and potential circumstances in Australia, the value of the proposed course to their future, and their immigration history. The Tribunal was required to consider these factors holistically, rather than as a checklist, to form a view on the applicant's genuine intention to remain in Australia temporarily.

The Tribunal found that the applicant's immigration history did not raise adverse findings, as there was no evidence of visa breaches or previous refusals. However, despite this, the Tribunal was not satisfied that the applicant genuinely intended to stay in Australia temporarily. This conclusion was reached after considering the applicant's circumstances as a whole, in accordance with Direction No. 69. Consequently, the Tribunal determined that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.