TEH (Migration)

This matter concerned an appeal before the Tribunal regarding a Student (Temporary) (Class TU) visa, specifically Subclass 572 Vocational Education and Training Sector. The core dispute revolved around whether the applicant genuinely intended to stay in Australia temporarily, as required by criterion cl.572.223(1)(a) of the Migration Regulations. The applicant's circumstances included excellent academic progress, family remaining in Malaysia, and a confirmed employment offer in Malaysia upon completion of her studies.

The Tribunal was required to determine if the applicant met the genuine temporary entrant criterion. This involved assessing the applicant's circumstances in her home country and in Australia, her immigration history, and any other relevant matters, in accordance with Direction No. 53. The Direction emphasised that these factors should be weighed holistically rather than treated as a checklist.

The Tribunal found the applicant to be a convincing witness and accepted her stated intention to return to Malaysia after completing her Certificate IV in International Trade. Her academic progress, including the completion of prior courses and enrolment in the current ones, along with the persuasive evidence from her trainer, indicated she was a genuine student. Furthermore, the confirmed employment offer in Malaysia upon course completion and the recognised value of the course to her future career were considered significant factors supporting her claim that Australia was a temporary location for study.

Consequently, the Tribunal found that the applicant met the requirements of cl.572.223(1)(a). The matter was remitted to the delegate for reconsideration, with the direction that the first applicant satisfied this specific criterion.