Tow (Migration)

The applicant, Tow, sought judicial review of a decision by the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the refusal of his Student (Temporary) (Class TU) visa (subclass 500). The delegate had affirmed the original decision-maker's assessment that Mr Tow was not a genuine temporary entrant (GTE) and that his current enrolment in a registered course was not genuine.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the delegate erred in law in affirming the refusal of the visa application. Specifically, the court was required to consider whether the delegate had properly assessed the applicant's intention to comply with the conditions of the visa, including the requirement to genuinely pursue a course of study and to depart Australia at the end of the authorised stay.

In his decision, Creedon J found that the delegate had not erred in law. His Honour noted that the delegate had considered all relevant factors in assessing the applicant's GTE status, including the applicant's circumstances in Australia and his home country, his immigration history, and the genuineness of his proposed course of study. The delegate had given sufficient weight to the applicant's stated intentions and had made a reasoned assessment of the evidence before her. The court affirmed the delegate's decision.