Tjhang (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Tjhang, who sought review of a decision not to grant him a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether Mr Tjhang was a genuine temporary entrant for the purpose of entering and staying in Australia as a student.

The Tribunal was required to determine if Mr Tjhang met the criteria for a Subclass 500 visa, specifically focusing on clause 500.212 of Schedule 2 to the Migration Regulations 1994, which concerns whether an applicant is a genuine applicant for entry and stay as a student. This assessment involved considering Mr Tjhang's circumstances in his home country and potential circumstances in Australia, the value of the proposed course to his future, and his immigration history, in accordance with Direction No. 69.

In its reasoning, the Tribunal noted that while Mr Tjhang was enrolled in a Diploma of Marketing and Communication, his overall circumstances did not satisfy the genuine temporary entrant criterion. The Tribunal found that Mr Tjhang had undertaken numerous low-level, inexpensive courses in various subject areas and held several jobs in Australia. Crucially, he lacked a substantial work history in his home country and had only an uncertain job offer there. These factors, when weighed against the incentives to remain in Australia, led the Tribunal to conclude that Mr Tjhang did not genuinely intend to stay in Australia temporarily.

Consequently, the Tribunal affirmed the decision not to grant Mr Tjhang a Student (Temporary) (Class TU) visa, finding that he did not meet the criteria for the visa.