WEN (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant sought to challenge the delegate's finding that they did not meet the Genuine Temporary Entrant (GTE) criterion under clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay in Australia temporarily, as required by clause 500.212(a). This assessment required the Tribunal to consider the applicant's circumstances in their home country and in Australia, their immigration history, and any other relevant matters, in accordance with Direction No. 69 issued under section 499 of the Migration Act 1958.

The Tribunal affirmed the delegate's decision, finding that the applicant had not satisfied the GTE criterion. The Tribunal noted that the applicant had been in Australia since 2014, had not departed the country, and had repeatedly enrolled in short, low-value English courses without commencing or completing a Bachelor of Commerce degree, which was their original stated purpose. The applicant's response to a request for further information was described as brief, cursory, and largely non-compliant. The Tribunal concluded that, given the applicant's lengthy onshore stay and pattern of short course enrolments without qualification completion, there was insufficient evidence to persuade it that the applicant intended to return to their home country at the expiry of their visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.