Wong (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 572, by a 47-year-old Chinese national. The applicant had previously held a subclass 572 student visa which was due to expire shortly before she applied for the visa under review. The decision maker had refused to grant the visa, and this decision was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the genuine temporary entrant criterion under clause 500.212 of Schedule 2 to the Regulations. This criterion requires an applicant to demonstrate that they genuinely intend to stay in Australia temporarily and intend to comply with the conditions of the visa. In assessing this criterion, the Tribunal was required to have regard to Direction No. 69, which outlines various factors to consider, including the applicant's circumstances in their home country and in Australia, their immigration history, and the value of the course to their future.

The Tribunal considered the applicant's circumstances, noting her age and her prior study history in Australia. The applicant had completed secondary school many years before arriving in Australia and had been granted a student visa to pursue vocational studies. The Tribunal found that the applicant had not demonstrated that she met the genuine temporary entrant criterion. Accordingly, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.