Lama (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr Lama for a Student (Temporary) (Class TU) visa, subclass 500. The delegate of the Minister had refused to grant the visa on the grounds that Mr Lama did not meet the genuine temporary entrant (GTE) criterion. The AAT was asked to review this decision.

The primary legal issue before the Tribunal was whether Mr Lama was a genuine temporary entrant, meaning that he genuinely intended to stay in Australia temporarily and would depart at the end of his proposed stay. This involved assessing whether his stated intentions for seeking the visa were credible and whether his past conduct and circumstances supported his claim.

In reaching its decision, the Tribunal noted that Mr Lama had been in Australia for a significant period, had made numerous visa applications, and had a history of unsatisfactory course progress or non-enrolment. There was no evidence that he had completed any courses or that his stated educational objectives were being pursued in good faith. The Tribunal concluded that Mr Lama was using the student visa pathway primarily to maintain his ongoing residence in Australia rather than for the genuine purpose of study. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.