Tjhun (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the criteria for being a genuine temporary entrant, a requirement for the visa under Schedule 2 of the Regulations.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, as stipulated by clause 500.212(a) of the Regulations. This assessment involved considering the applicant's circumstances in their home country and in Australia, their immigration history, and the value of the proposed course of study to their future career plans, in accordance with Direction No. 69.

The Tribunal noted inconsistencies in the applicant's evidence regarding their family circumstances in their home country. Furthermore, the Tribunal found that the applicant's stated reason for returning home – that their mother lives alone – was not sufficiently compelling, especially given the applicant had been living abroad since 2011 with plans to remain until late 2019. The Tribunal concluded that the applicant had not satisfied the genuine temporary entrant criterion.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.