Wang (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by an applicant for a Subclass 500 (Student) visa. The applicant, who had been in Australia since 2009, sought to study an Advanced Diploma of Leadership and Management at Ideal College. The delegate had refused the visa application, and the applicant sought review of this decision.

The central legal issue before the Tribunal was whether the applicant genuinely intended to stay in Australia temporarily, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994. This assessment necessitated consideration of Ministerial Direction No. 69, which outlines factors to be taken into account, including the applicant's circumstances in their home country, their potential circumstances in Australia, and the value of the proposed course to their future. The Tribunal was also required to consider the applicant's immigration history and any other relevant matters.

The Tribunal reasoned that while the applicant had completed several previous courses in Australia, including a Diploma of Leadership and Management, a Certificate III of Hospitality Management, and an English translation course, she had not completed a psychological science degree due to a lack of interest. Regarding her circumstances in China, the applicant was 30 years old, single, and had a mother there, with whom she communicated regularly. She did not own property or have employment offers in China. The Tribunal noted that the applicant had returned to China three times to visit family. The applicant stated her mother was funding her studies and living expenses in Australia. The Tribunal concluded that the matter should be remitted for reconsideration, finding that the applicant met the genuine temporary entrant criterion.