Tham (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant genuinely intended to stay in Australia temporarily, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994.

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. 69 issued under section 499 of the Migration Act 1958.

The Tribunal noted the applicant, a 26-year-old woman from Malaysia, had enrolled in several courses in Australia since 2016, including a Diploma of Software Development and a Certificate IV in Business, neither of which she completed. While she completed a Certificate III in Business and a Diploma of Leadership and Management, the Tribunal considered her overall study history and the availability of similar courses in her home country. The Tribunal also had regard to her personal and economic ties to Malaysia and her vague plans for future business, concluding that these factors, when considered holistically, did not satisfy the genuine temporary entrant criterion.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.