Tan (Migration)

The Administrative Appeals Tribunal considered the case of Mr Tan, who sought review of a decision to refuse him a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether Mr Tan met the criteria for being a genuine temporary entrant, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if Mr Tan genuinely intended to stay in Australia temporarily, having regard to his circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 69. This Direction outlines various factors to be considered, including the applicant's circumstances in their home country, potential circumstances in Australia, the value of the proposed course of study to the applicant's future, and their immigration history.

In its reasoning, the Tribunal noted that Mr Tan, a 24-year-old Malaysian national, had previously entered Australia on a visitor visa in 2012 for a short period, departed, and then re-entered on another visitor visa in 2016, remaining in Australia since that time and applying for a student visa onshore. The Tribunal considered these circumstances in light of the factors outlined in Direction No. 69, which guides decision-makers in assessing whether an applicant genuinely intends to stay in Australia temporarily. Ultimately, the Tribunal found that the criteria for the grant of the visa were not met.

Accordingly, the Administrative Appeals Tribunal affirmed the decision not to grant Mr Tan a Subclass 500 (Student) visa.