LEE (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application by Mr Lee for review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) to refuse to grant him a Student (Temporary) (Class TU) visa, subclass 500. The primary issue before the Tribunal was whether Mr Lee was a genuine student for the purposes of the *Migration Regulations 1994* (Cth).

The Tribunal was required to determine whether Mr Lee had demonstrated that he was a genuine student who intended to genuinely participate in the course of study for which he sought to enrol. This involved assessing whether his stated intentions and circumstances were credible and consistent with the purpose of a student visa.

In reaching its decision, the Tribunal applied the principles established in migration law concerning the assessment of a genuine temporary entrant. The Tribunal considered various factors, including Mr Lee's educational background, his reasons for choosing the particular course and institution, his financial capacity, and his intentions regarding his return to his home country after completing his studies. The Tribunal found that Mr Lee had not satisfied the delegate that he was a genuine student, and therefore affirmed the Minister's decision to refuse the visa.