UMMI MARDHIAH BINTI ABDULLAH DIN (Migration)

The Administrative Appeals Tribunal considered the case of Ummi Mardiah Binti Abdullah Din concerning her application for a Student (Temporary) (Class TU) visa, specifically Subclass 572 for the Vocational Education and Training Sector. The central dispute revolved around whether the applicant met the genuine temporary entrant criterion as required by clause 572.223 of the Migration Regulations.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, having regard to her personal circumstances, immigration history, and any other relevant matters. This assessment was to be guided by Direction No. 53, which outlines various factors to be considered, including the applicant's circumstances in her home country, potential circumstances in Australia, the value of the proposed course, her immigration history, and any other available information. The Direction emphasizes that these factors should be weighed holistically rather than treated as a checklist.

In its reasoning, the Tribunal noted the applicant was a 31-year-old female from Malaysia who had completed a diploma in 2007. She claimed to be studying in Australia for academic advancement and support systems. The Tribunal also considered her personal circumstances, including a separation from her husband in 2014, her status as a single mother, and the fact that her young daughter resided with her parents in Malaysia. The applicant had returned to Malaysia only once since arriving in Australia. The Tribunal concluded that the applicant 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, finding that she did not meet an essential requirement for the grant of such a visa. The Tribunal also noted that the applicant did not present material to suggest she met the criteria for a Student Guardian (Subclass 580) visa.