Thai (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), before the Tribunal. The central dispute revolved around whether the applicant met the criteria for being a genuine temporary entrant, as required by the Migration Regulations 1994 (Cth).

The Tribunal was required to determine if the applicant satisfied the primary criteria for the visa, specifically cl 500.211 concerning enrolment in a registered course of study, and cl 500.212 relating to being a genuine applicant for entry and stay as a student. The latter criterion involved assessing whether the applicant genuinely intended to stay in Australia temporarily and intended to comply with visa conditions.

The Tribunal found that the applicant was enrolled in a registered course of study, satisfying cl 500.211. Regarding cl 500.212, the Tribunal noted the applicant's extensive history in Australia since 2015, involving multiple previous student visa applications and courses. Despite this history, the Tribunal concluded that the applicant intended to comply with visa conditions, satisfying cl 500.212(b). However, the Tribunal did not make a definitive finding on whether the applicant genuinely intended to stay in Australia temporarily, as required by cl 500.212(a).

Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under cl 500.212(a) of Schedule 2 to the Regulations.