Wickramasinghe (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, before the Administrative Appeals Tribunal. The applicant sought to review a decision to refuse the visa. The central issue was whether the applicant met the criteria for being a genuine temporary entrant.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, as stipulated by clause 500.212(a) of Schedule 2 to the Migration Regulations. This assessment necessitated consideration of Direction No. 69, which guides decision-makers on factors relevant to the genuine temporary entrant criterion, including the applicant's circumstances in their home country and Australia, the value of the proposed course, their immigration history, and any other pertinent information.

The applicant had previously held a Subclass 573 (Student) visa and commenced a Bachelor's degree in Hospitality Management. He claimed that a medical condition, a "skin rash," prevented him from studying after July 2014 and that he had informed the university of his inability to continue, leading to an agreed deferral until 2015, though he lacked written confirmation of this deferral. The Tribunal found that the applicant did not satisfy the criteria for the grant of the visa.

Consequently, the Administrative Appeals Tribunal affirmed the decision not to grant the applicant the Subclass 500 (Student) visa.