Ong (Migration)

The Administrative Appeals Tribunal considered a decision concerning an applicant for a Subclass 500 (Student) visa. The core dispute revolved around whether the applicant met the genuine temporary entrant criteria as required by the *Migration Regulations 1994* (Cth).

The Tribunal was tasked with determining if the applicant genuinely intended to stay in Australia temporarily, as stipulated by clause 500.212 of Schedule 2 to the Regulations. This assessment required consideration of the applicant's circumstances, immigration history, and any other relevant matters, guided by Direction No. 69, which outlines factors to be considered when assessing the genuine temporary entrant criterion.

In reaching its decision, the Tribunal noted that the applicant failed to provide any information or respond to the invitation to do so under s.359(2) of the *Migration Act 1958* (Cth). Consequently, the applicant lost their entitlement to a hearing before the Tribunal, as per s.359C and s.360(3) of the Act. Given the lack of engagement and absence of information from the applicant, the Tribunal proceeded to a decision based on the available material, finding that the criteria for the visa were not met.

The Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.