SHEN (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought to review a decision that affirmed the refusal of their visa application. The core issue before the Tribunal was whether the applicant genuinely intended to stay in Australia temporarily, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994.

In determining whether the applicant met the genuine temporary entrant criterion, the Tribunal was required to have regard to Direction No. 69, which outlines various factors to consider. These factors include the applicant's circumstances in their home country and potential circumstances in Australia, the value of the proposed course to the applicant's future, and their immigration history. The Direction emphasizes that these factors should not be treated as a checklist but rather as guidance for a holistic assessment of the applicant's overall circumstances.

The Tribunal found that the applicant's circumstances, including their financial support in China and ownership of property there, along with the potential benefit of the study to their father's business, were relevant considerations. However, the Tribunal concluded that the decision under review should be remitted to the Minister for reconsideration. The Tribunal directed that the applicant meets the genuine temporary entrant criterion for a Subclass 500 (Student) visa, and the Minister should proceed to consider the remaining criteria for the visa.