LU (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by a citizen of China. The applicant sought to undertake a Diploma of Community Services in Australia with the stated intention of establishing a community nursing home in China upon completion of her studies. The delegate refused the visa application, citing concerns with the applicant's immigration history and the perceived lack of genuine temporary entrant status.

The Tribunal was required to determine whether the applicant met the criteria for a genuine temporary entrant for a Subclass 500 visa. This involved assessing the applicant's circumstances in her home country, her potential circumstances in Australia, the value of the proposed course to her future, and her immigration history, in accordance with Direction No. 69 issued under section 499 of the *Migration Act 1958*.

The Tribunal found that the applicant did not satisfy the genuine temporary entrant criterion. While acknowledging the applicant's stated intention to return to China and establish a business, the Tribunal considered her immigration history, which included a prolonged period onshore on various student and bridging visas without completing a qualification. The Tribunal also noted that the applicant had not provided sufficient evidence to demonstrate that the proposed course was of significant value to her future employment prospects in China, particularly in light of her existing nursing qualifications and work experience. The Tribunal concluded that, on balance, the applicant had not demonstrated a genuine intention to temporarily remain in Australia for the purpose of study.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.