Nguyen (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought to challenge the delegate's decision to refuse her visa application, with the primary issue being whether she was a genuine temporary entrant. The applicant's children were also applicants for the visa.

The Tribunal was required to determine whether the applicant satisfied the criteria for being a genuine temporary entrant under clause 500.212 of Schedule 2 to the Migration Regulations 1994. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily, having regard to her circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 69.

The Tribunal found that the applicant had resided in Australia since 2010, had enrolled in divergent courses of study, and had given birth to children in Australia. These factors indicated strong ties to Australia and suggested that the student program was being used to maintain residence rather than for genuine temporary study. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.