Ranaweera Mudiyanselage (Migration)

This matter concerned a review by the Tribunal of the refusal of a temporary student visa (Class TU, Subclass 573) to the applicant. The applicant, who was from Sri Lanka, had applied for the visa on 3 August 2015, and her application was refused by a delegate of the Minister for Immigration on 28 October 2016. The refusal was based on the applicant not meeting the genuine temporary entrant (GTE) criterion. The applicant, along with her husband, appeared before the Tribunal to present arguments in support of her review application.

The primary legal issue before the Tribunal was whether the applicant met the genuine temporary entrant criterion as set out in clause 573.223(1)(a) of the Migration Regulations 1994, having regard to Ministerial Direction 53. This direction outlines factors to be considered when assessing the GTE requirement, including the applicant's circumstances in their home country and their intentions in Australia.

The Tribunal considered the applicant's study history, which comprised a series of unrelated courses since her arrival in Australia in 2010. These included a Diploma of Interactive Digital Media, a Master of Information Technology, a Master of Management in Human Resources, a Certificate III in Cookery, and a Diploma of Marketing. The applicant had indicated an intention to study marketing and continue with an Advanced Diploma in Marketing at the time of her visa application. The Tribunal noted that the applicant and her husband were working in Australia and had family members present in Australia, suggesting an economic incentive to remain. While the Tribunal made no adverse findings regarding the applicant's circumstances in Sri Lanka, it found that her study history and the presence of her family and employment in Australia weighed against her meeting the GTE criterion. The Tribunal ultimately affirmed the delegate's decision to refuse the visa.