SONG (Migration)

The applicant, Song, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a Student (Temporary) (Class TU) visa, subclass 500 (Student). The primary issue before the Federal Circuit and Family Court of Australia was whether the applicant was a genuine temporary entrant.

The court was required to determine whether the delegate's assessment that the applicant was not a genuine temporary entrant was affected by an error of law. This involved considering whether the delegate had properly assessed the value of the proposed course of study to the applicant's future, and whether the applicant's stated intention to remain in Australia for over 15 years was consistent with the genuine temporary entrant requirement.

The delegate had found that the applicant's proposed length of stay, exceeding 15 years, was inconsistent with the intention of a genuine temporary entrant. The delegate also considered that the proposed course of study did not offer significant value to the applicant's future prospects. The court affirmed the delegate's decision, finding that the delegate had not made an error of law in reaching their conclusion. The court accepted that the delegate was entitled to consider the proposed duration of stay as a significant factor in assessing the applicant's genuine temporary entrant status.

The application for judicial review was affirmed.