Sukhwinder Kaur (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application by Sukhwinder Kaur for review of a decision to refuse her Student (Temporary) (Class TU) visa (subclass 500). Ms Kaur was the secondary applicant, with her child being the primary applicant. The core of the dispute concerned whether Ms Kaur was a genuine temporary entrant (GTE) as required by the *Migration Regulations 1994* (Cth).

The Tribunal was required to determine whether Ms Kaur had demonstrated that she genuinely intended to stay in Australia temporarily for the purpose of obtaining a qualification, and that she would depart Australia at the end of her intended stay. This involved assessing her past study and work history, her current enrolment in master’s courses after completing a master’s degree in her home country, her discontinuation of previous studies, her subsequent employment in an unrelated field, and her enrolment in lower-level courses in a new subject area. The Tribunal also had regard to the fact that the primary applicant, Ms Kaur's child, would be close to automatically gaining Australian citizenship at the end of the visa period.

In its reasoning, the Tribunal applied the principles for assessing a GTE, considering the applicant's circumstances in their home country, their proposed temporary stay in Australia, and their immigration history. The Tribunal found that Ms Kaur's history of enrolling in two master's courses after already completing a master's degree in her home country, coupled with her discontinuation of study, subsequent work in an unrelated field, and enrolment in lower-level courses in a new subject area, raised concerns about her genuine intention to study. Furthermore, the Tribunal considered the potential immigration status of the primary applicant, Ms Kaur's child, as a significant factor in assessing Ms Kaur's own intentions regarding her temporary stay in Australia.

The Tribunal affirmed the decision to refuse the visa.