Saw (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant, a 55-year-old Malaysian male, sought to study a Diploma and Advanced Diploma of Leadership and Management in Australia. The primary issue before the Tribunal was whether the applicant genuinely intended to stay in Australia temporarily as a full-time student, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the genuine temporary entrant (GTE) criterion. This involved assessing the applicant's circumstances in his home country and potential circumstances in Australia, the value of the proposed course to his future, and his immigration history, in accordance with Direction No. 69 issued under section 499 of the Migration Act 1958. Direction No. 69 provides guidance on factors to consider when assessing the GTE criterion, emphasizing that these factors should not be treated as a checklist but rather as a holistic guide to the applicant's overall circumstances.

The Tribunal found that the applicant did not satisfy the GTE criterion. While the applicant stated his intention to study to qualify for senior management positions in Singapore, the Tribunal considered his age and the nature of the proposed course in the context of his overall circumstances. The Tribunal concluded that the student migration program was being used by the applicant primarily to maintain ongoing residence in Australia, rather than for the genuine purpose of temporary study.

Accordingly, the Tribunal affirmed the delegate's decision not to grant the applicant a Subclass 500 (Student) visa, as the criteria for the visa were not met.