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 her a Student (Temporary) (Class TU) visa, subclass 500. The matter was remitted to the Federal Circuit Court of Australia by the Federal Court of Australia.

The primary legal issue before the Court was whether the applicant was a genuine temporary entrant. This required the Court to consider whether the applicant was enrolled in a course of study at the time of the visa application and whether she genuinely intended to stay in Australia temporarily for the purpose of undertaking that study.

In his reasoning, Harkess Dr noted that the applicant had not provided evidence of enrolment in a course of study at the time of her application. The Court found that the absence of such evidence was a critical factor in determining whether the applicant met the genuine temporary entrant requirement. Without proof of enrolment, the Court was unable to be satisfied that the applicant intended to undertake a course of study in Australia as required by the visa subclass. Consequently, the Court affirmed the decision under review.