Nishimura (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by an applicant from Brazil. The delegate had refused to grant the visa on the basis that the applicant did not meet the genuine temporary entrant (GTE) criterion. The applicant had arrived in Australia in 2006 and had completed a range of studies since then, including a Certificate IV in Business.

The Tribunal was required to determine whether the applicant genuinely intended to stay in Australia temporarily, as mandated by clause 500.212 of Schedule 2 to the Regulations and guided by Direction No. 69. This involved assessing various factors, including the applicant's circumstances in their home country, their potential circumstances in Australia, the value of the course to their future, and their immigration history. The Tribunal also considered the applicant's stated intentions and any other relevant information.

The Tribunal found that the applicant had lived in Australia for approximately 20 years and had completed a range of courses that were not clearly linked to a specific career path or future plans in Brazil. While the applicant maintained contact with family in Brazil, the Tribunal gave little regard to his stated concerns about his home country, given his prolonged absence. The applicant's immigration history, including his long-term presence in Australia on student visas and his permanent residency status in Japan, also weighed against a finding that he genuinely intended to stay temporarily in Australia.

Consequently, the Tribunal concluded that the applicant did not satisfy the genuine temporary entrant criterion. The decision under review, which refused to grant the visa, was affirmed.