Sran (Migration)

The Administrative Appeals Tribunal affirmed decisions not to grant Student (Temporary) (Class TU) visas to the applicants. The dispute concerned whether the applicants genuinely intended to stay in Australia temporarily, a requirement under clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicants satisfied the genuine temporary entrant criterion, specifically clause 500.212(a), which mandates that an applicant genuinely intends to stay in Australia temporarily. In making this assessment, the Tribunal was bound to consider Direction No. 69, issued under section 499 of the Migration Act 1958, which provides guidance on factors relevant to assessing this criterion.

The Tribunal reasoned that Direction No. 69 requires consideration of 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 applicant, a 35-year-old woman from India, arrived in Australia with her husband and two children on visitor visas before applying for the student visa and enrolling in diploma courses. The Tribunal concluded that the decisions under review should be affirmed, indicating that the applicants did not satisfy the genuine temporary entrant criterion.