Wong (Migration)

This matter concerned an appeal by a 54-year-old Malaysian citizen, the applicant, against a decision to refuse her application for a Subclass 500 (Student) visa. The applicant, who described herself as a retiree, sought to undertake Certificates III and IV in Commercial Cookery and a Diploma of Hospitality Management in Australia. The delegate's decision was brief, and the Administrative Appeals Tribunal (AAT) was required to consider the applicant's case in light of Direction No. 69, issued by the Minister under section 499 of the Migration Act 1958.

The primary legal issue before the Tribunal was whether the applicant satisfied the "genuine temporary entrant" criterion for a student visa. This criterion requires the applicant to demonstrate a genuine intention to temporarily enter and remain in Australia. The Tribunal was bound to consider Direction No. 69, which outlines various factors to be assessed, including the applicant's circumstances in her home country and in Australia, and the value of the proposed course to her future.

The Tribunal reasoned that while Direction No. 69 provides guidelines regarding the value of a course to an applicant's future employment, this does not preclude an applicant from being a genuine student if their motives are for personal betterment rather than future employment gains. The Tribunal found the applicant's candour regarding her motivations to be credible and of significant assistance. Given the applicant's age and retiree status, the Tribunal considered that her stated desire for personal betterment through study was a reasonable motive. The Tribunal concluded that the applicant's submissions were credible and that she had provided significant assistance in reaching a favourable conclusion.

Consequently, the Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 500.212(a) of Schedule 2 to the Regulations.