Lu (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant sought to demonstrate that they were a genuine temporary entrant, a criterion for the visa.

The Tribunal was required to determine whether the applicant genuinely intended to stay in Australia temporarily and whether they intended to comply with the conditions of the visa. In making this determination, the Tribunal had regard to Direction No. 69, which outlines factors to consider when assessing the genuine temporary entrant criterion, including the applicant's circumstances in their home country and Australia, the value of the course to their future, their immigration history, and any other relevant information.

The Tribunal found that the applicant's evidence was often vague, imprecise, and discursive. The applicant had a history of limited academic progress, including multiple course cancellations and studies in unrelated fields. Despite stating an intention to return to China and support the community, the applicant provided no details of a career path or the basis for their changing study directions. Furthermore, the applicant had maintained an ongoing residence in Australia since 2015, with limited returns to China and a recent holiday to Malaysia.

The Tribunal concluded that the applicant had not satisfied the criteria for being a genuine temporary entrant and therefore affirmed the decision under review.