WANG (Migration)

The Administrative Appeals Tribunal considered an application by Ms. Wang for a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether Ms. Wang met the criteria of being a genuine temporary entrant for the purpose of studying in Australia.

The Tribunal was required to determine if Ms. Wang genuinely intended to stay in Australia temporarily, as stipulated by clause 500.212 of Schedule 2 to the Migration Regulations 1994, and as guided by Direction No. 69. This assessment involved considering Ms. Wang's circumstances in her home country and in Australia, the value of her proposed course of study to her future, and her immigration history.

The Tribunal found that Ms. Wang had provided a substantial amount of documentation, including evidence of enrolment in various courses, academic transcripts, assignments, and correspondence with educational institutions. Despite the applicant's efforts to provide evidence, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that Ms. Wang be considered to meet criterion cl.500.212 of Schedule 2 to the Regulations.