Teppitak (Migration)

The Administrative Appeals Tribunal (AAT) reviewed a decision concerning the applicant, a 37-year-old national from Thailand, who applied for a Subclass 500 (Student) visa. The applicant sought to undertake a Diploma of Project Management followed by an Advanced Diploma of Program Management in Australia, stating her intention to use these qualifications to assist her cousin's business consultancy group in Thailand. The core of the dispute revolved around whether the applicant met the genuine temporary entrant (GTE) criterion, a requirement for the visa under Schedule 2 of the Migration Regulations 1994.

The legal issues before the Tribunal were whether the applicant satisfied the primary criteria for a Subclass 500 visa, specifically the genuine temporary entrant criterion as stipulated in clause 500.212(a) of the Migration Regulations 1994, and whether she genuinely intended to stay in Australia temporarily and comply with visa conditions. The Tribunal was required to consider the applicant's circumstances in her home country and in Australia, the value of the proposed course to her future, and her immigration history, in accordance with Direction No. 69 issued under section 499 of the Migration Act 1958.

The Tribunal affirmed the decision not to grant the visa. The Deputy President considered the applicant's extensive history of study in Australia since 2012, including multiple changes in her course of study, and her previous visa status as a dependent on her partner's student visa. While the applicant stated her intention to return to Thailand to work with her cousin and expressed a desire to spend her life with her family, the Tribunal was not satisfied that these stated intentions were genuinely held. The Tribunal noted that the applicant had provided consent to proceed to a decision without a hearing, and based on the material before it, concluded that the applicant had not demonstrated a genuine intention to temporarily remain in Australia for the purpose of study.