Wu (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether the applicant genuinely intended to stay in Australia temporarily, as required by criterion 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied the genuine temporary entrant (GTE) criterion, having regard to the factors outlined in Direction No. 69. This Direction mandates consideration of the applicant's circumstances in their home country and Australia, the value of the proposed course of study, their immigration history, and any other relevant information. The Tribunal also had to consider the applicant's immigration history, including previous visa applications and travel, and their record of compliance with visa conditions.

In reaching its decision, the Tribunal noted that the applicant failed to provide any information in response to the Tribunal's invitation under s.359(2) of the Migration Act 1958, nor did they engage with the review process after lodging their application. Consequently, the applicant lost their entitlement to a hearing before the Tribunal, and the Tribunal proceeded to make a decision based on the available information. The Tribunal found that the applicant did not satisfy the criteria for the grant of a Subclass 500 visa.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.