Liu (Migration)

The Administrative Appeals Tribunal considered the case of Ms Liu, who sought review of a decision to refuse her application for a Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector visa). The primary decision maker had refused the visa on the grounds that Ms Liu was not a genuine temporary entrant, failing to satisfy clause 573.223 of the Migration Regulations. This was the second hearing of the matter before the Tribunal, with the applicant invited to present further evidence and arguments.

The central legal issue before the Tribunal was whether Ms Liu satisfied the criteria for being a genuine temporary entrant, as required by clause 573.223. This involved assessing whether she was a genuine student and a genuine temporary entrant, having regard to Ministerial Direction No. 53. The Tribunal was required to consider various factors outlined in the Direction, including the applicant's circumstances, the value of her chosen course to her future, her immigration history, her incentives to remain in or return to Australia, and whether she was using the student visa program to maintain residence in Australia.

The Tribunal member expressed significant reservations about Ms Liu being a genuine temporary entrant, citing concerns about conflicting evidence regarding dates and events. The member also noted that Ms Liu had taken eight years to complete a four-year undergraduate degree, raising questions about her genuineness as a student. However, the Tribunal acknowledged in Ms Liu's favour that she had enrolled and studied full-time at a reputable institution, Monash University, and that her academic results had significantly improved in 2016 and 2017, indicating hard work. The Tribunal stated its role was to take a fresh look at the application and consider all circumstances to be satisfied that Ms Liu was a genuine student intending to stay in Australia temporarily.