SEO (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant for a Subclass 500 (Student) visa, along with his wife who was a secondary applicant. The primary dispute revolved around whether the applicant met the genuine temporary entrant (GTE) criterion, a requirement for the student visa. Crucially, by the date of the hearing, the applicant had completed his intended course of study, meaning the central issue became whether he satisfied the enrolment requirement stipulated in clause 500.211(a) of the Migration Regulations 1994.

The legal issues before the Tribunal were twofold: firstly, whether the applicant was a genuine temporary entrant, and secondly, whether he met the specific enrolment requirement for the Student visa, given that he had already completed his course. The Tribunal was required to assess the applicant's circumstances in light of Direction No. 69, which provides guidance on assessing the GTE criterion for student visa applications. This direction requires decision-makers to consider the applicant's circumstances in their home country and in Australia, the value of the course to their future, and their immigration history.

The Tribunal reasoned that the applicant, by completing his course prior to the hearing, no longer met the enrolment requirement under clause 500.211(a). Furthermore, the Tribunal considered the applicant's overall circumstances in the context of Direction No. 69. While the applicant had provided documentation relating to previous studies and a letter from his father indicating financial support for a future restaurant venture, the Tribunal was not satisfied that the applicant genuinely intended to stay in Australia temporarily. The Tribunal concluded that as the primary applicant did not satisfy the primary criteria for the visa, the secondary applicant, his wife, could not satisfy the criteria either, as she was not a member of the family unit of a person who met those criteria.

Consequently, the Administrative Appeals Tribunal affirmed the decision not to grant the applicants their Student (Temporary) (Class TU) visas.