SHEK (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, where the applicant sought review of a decision regarding the genuine temporary entrant criterion. The applicant, who had completed high school in Hong Kong and lived with his father there, had siblings and extended family residing in Hong Kong. His mother was an Australian resident who had encouraged him to study in Australia. The applicant stated he did not live with his mother in Australia and shared accommodation with others.

The central legal issue before the Tribunal was whether the applicant was a genuine applicant for entry and stay as a student, as required by clause 500.212 of Schedule 2 to the Regulations. This required the Tribunal to assess whether the applicant genuinely intended to stay in Australia temporarily, considering his circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 69.

The Tribunal considered the applicant's evidence, including his academic progress and family connections in Australia, specifically his mother's residency. It found that the applicant's evidence was straightforward and consistent, and that he was a credible witness. The Tribunal concluded that the applicant met the genuine temporary entrant criterion. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant satisfied clause 500.212.