LEAUNRAM (Migration)

The Administrative Appeals Tribunal considered the applications of LEAUNRAM and secondary applicants for Student (Temporary) (Class TU) visas, Subclass 572 (Vocational Education and Training Sector). The primary dispute concerned whether the applicant met the genuine temporary entrant criterion at the time of the delegate's decision, particularly in light of a cancelled Certificate of Enrolment.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, as stipulated by cl.572.223(1)(a) of the Migration Regulations. In making this assessment, the Tribunal was bound to consider Direction No. 53, which outlines various factors to be weighed, including the applicant's circumstances in their home country and Australia, their immigration history, and the value of the proposed course to their future. The Direction emphasizes that these factors should not be treated as a checklist but rather as guides for a holistic assessment.

The Tribunal found that the applicant met the genuine temporary entrant criterion. It acknowledged the delegate's concerns regarding the cancelled Certificate of Enrolment but accepted the applicant's explanation that this was due to an error by her education provider, supported by documentary evidence. The Tribunal noted the applicant's continued enrolment, satisfactory progress as evidenced by a Statement of Attainment, and her progression towards the final stages of her course. Despite some past concerns about study history, the Tribunal concluded that overall, the applicant presented as a genuine student.

Consequently, the Tribunal remitted the applications for reconsideration. It directed that the primary applicant meets the genuine temporary entrant criterion for the Subclass 572 visa. The Tribunal also noted that the delegate should reconsider the secondary criteria for the secondary applicants upon remittal, as their visa refusals were contingent on the primary applicant's visa refusal.