Wong (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute arose when the delegate's decision to refuse the visa was reviewed by the Tribunal. The applicant, who had arrived in Australia in October 2019, was studying a General English course and intended to pursue further diplomas in Leadership and Management and Business.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to remain in Australia temporarily, as required by clause 500.212(a) of Schedule 2 to the Migration Regulations 1994. This assessment was to be conducted in accordance with Ministerial Direction 69, which outlines various factors to consider, including the applicant's circumstances in their home country and Australia, the value of the proposed course to their future, and their immigration history.

The Tribunal found that the applicant had not completed any courses since her arrival in Australia, attributing this to the COVID-19 pandemic. While she maintained weekly contact with her family in Malaysia and was living with a friend in Australia, paying rent and assisting with a cleaning business, the Tribunal noted that she had not returned to her home country since arriving. Crucially, the Tribunal considered the value of the proposed courses to the applicant's future career, noting her prior completion of a Diploma of Accounting in 2005. The Tribunal concluded that the criteria for the grant of the visa were not met.

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