Liu (Migration)

The Administrative Appeals Tribunal considered the case of Mr Liu, who sought review of a decision to refuse him a Subclass 500 (Student) visa. The central issue was whether Mr Liu was a "genuine applicant for entry and stay as a student" as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if Mr Liu genuinely intended to stay in Australia temporarily and if he intended to comply with the conditions of the visa. In making this determination, the Tribunal was guided by Direction No. 69, which outlines various factors to consider, including the applicant's circumstances in their home country and in Australia, their immigration history, and the value of the proposed course to their future. These factors were to be considered holistically, not as a checklist.

Mr Liu had been in Australia since 2009, undertaking a series of vocational and tertiary courses. He claimed his intention was to complete his current Advanced Diploma of Business and return to China to work in his family's electricity business, stating that the course provided relevant skills and that he had adapted to Australian teaching methods. However, the Tribunal noted the applicant's prolonged period of study in Australia across various unrelated courses, suggesting a pattern of using the student visa program to maintain residence rather than for genuine study leading to a specific career outcome in his home country. The Tribunal concluded that the evidence did not support a finding that Mr Liu was a genuine temporary entrant.

The Tribunal affirmed the decision under review.