Wong (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of *Wong (Migration)*, which concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant, Mr. Wong, sought to have this refusal overturned.

The primary legal issue before the Tribunal was whether Mr. Wong was a genuine temporary entrant (GTE) for the purposes of the *Migration Regulations 1994* (Cth). This involved assessing his intentions and circumstances in relation to his proposed study in Australia, and whether his enrolment status and participation in the Prospective International Student Management System (PRISMS) supported his claim.

The Tribunal affirmed the delegate's decision to refuse the visa. It noted that Mr. Wong had not responded to an invitation issued under s 359(2) of the *Migration Act 1958* (Cth), which required him to provide further information or evidence to demonstrate his GTE status. The Tribunal found that the information available, including the PRISMS record, did not sufficiently satisfy the delegate, nor the Tribunal on review, that Mr. Wong met the GTE criteria. Consequently, the Tribunal was unable to be satisfied that Mr. Wong genuinely intended to stay in Australia temporarily and comply with the conditions of his visa.