KHAN (Migration)

This matter concerned an appeal by Mr Khan against the refusal of his application for a Student (Temporary) (Class TU) visa, subclass 500. The primary decision maker had refused the visa on the grounds that Mr Khan did not meet the Genuine Temporary Entrant (GTE) requirements. The Administrative Appeals Tribunal was tasked with undertaking a fresh review of Mr Khan's eligibility for the visa.

The core legal issues before the Tribunal were whether Mr Khan was a genuine student and whether he genuinely intended to stay in Australia temporarily, as required by clause 500.212 of the *Migration Regulations 1994*. This involved assessing whether Mr Khan was engaged in a meaningful program of study and whether his circumstances indicated a genuine intention to depart Australia at the end of his studies, taking into account the factors outlined in Ministerial Direction No. 69.

The Tribunal considered Mr Khan's immigration history, including his arrival in Australia in 2012 and his subsequent application for the visa in 2016. It noted that the primary decision maker had concerns about the value of the proposed course to Mr Khan's future, his conflicting future plans, and the length of his intended stay. The Tribunal was required to weigh these factors, along with Mr Khan's past compliance with visa conditions, to determine if he satisfied the GTE requirements. The Tribunal affirmed the decision under review.