KOONMANEE (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking review of a decision to refuse a Student (Temporary) (Class TU) visa, subclass 500. The applicant, a Thai citizen, had been in Australia since May 2012, holding a series of student and a Graduate Work Stream (VC 485) visa, along with associated bridging visas. The core of the dispute revolved around whether the applicant met the criteria for being a genuine temporary entrant.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, as mandated by the genuine temporary entrant criterion for student visas. This assessment involved considering the applicant's circumstances in her home country and in Australia, the value of her proposed course of study to her future, and her immigration history, all within the framework of Direction No. 69 issued by the Minister for Immigration and Border Protection.

In its reasoning, the Tribunal noted that while bound to consider Direction No. 69, it retained its independence to reach its own conclusions. The Tribunal found several aspects of the applicant's case concerning. Specifically, it was troubled by an apparent inconsistency in the applicant's declared income from previous employment in Thailand, where the figure provided in her submissions significantly exceeded that stated in a reference from her employer. Furthermore, the Tribunal observed that the applicant's study plans had been downgraded from a Masters level to a course she had already completed a majority of, and that she had spent a significant length of time onshore. These factors, combined with the discrepancy in income information, led the Tribunal to conclude that the applicant had not demonstrated she met the genuine temporary entrant criterion.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa, subclass 500, as the criteria for the visa were not met.