LIM (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student) visa. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the "genuine temporary entrant" criterion. This criterion requires the Minister to be satisfied that the applicant genuinely intends to stay in Australia temporarily, having regard to their circumstances, immigration history, and any other relevant matters, including the intentions of a parent, legal guardian, or spouse if the applicant is a minor.

The Tribunal, applying Direction No. 69 issued under section 499 of the Migration Act 1958, found that the applicant met the genuine temporary entrant requirement. The Direction provides guidance to decision-makers on assessing this criterion, emphasising a holistic approach that considers various factors related to the applicant's circumstances in their home country and potential circumstances in Australia, the value of the proposed course, and their immigration history.

Given its findings, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa for reconsideration by the Minister, with a direction that the applicant satisfies the genuine temporary entrant criterion.