KANG (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 572 Vocational Education and Training Sector student visa. The applicant sought to demonstrate that she was a genuine applicant for entry and stay as a student, intending to remain in Australia temporarily.

The primary legal issue before the Tribunal was whether the applicant met the "genuine temporary entrant" criterion under cl.572.223(1)(a) of Schedule 2 to the Migration Regulations. This required the Tribunal to assess whether the applicant genuinely intended to stay in Australia temporarily, having regard to her circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 53.

The Tribunal found that the applicant had a strong incentive to return to her home country to assist in her family's restaurant business, particularly given the expanding tourist market there. Her explanation for undertaking further study in Australia, namely to gain practical experience in Western cuisine to enhance her role in the family business, was accepted as credible. The Tribunal noted her consistent course progress and payment of substantial fees, and accepted her stated intention to use the acquired skills for her future career. The Tribunal also acknowledged that the secondary applicant's visa refusal was contingent on the primary applicant's visa refusal.

Consequently, the Tribunal remitted the applications for Student (Temporary) (Class TU) visas for reconsideration. The Tribunal directed that the first applicant met the genuine temporary entrant criterion for a Subclass 572 visa. The delegate was directed to consider the secondary criteria on remittal.