Wu (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa by an applicant from China. The applicant, aged 25, had been in Australia on various student visas since November 2018 and held a Bridging Visa A at the time of the review. The core of the dispute revolved around whether the applicant met the criteria for a genuine temporary entrant (GTE) for the purpose of study in Australia.

The legal issue before the Tribunal was whether the applicant satisfied the genuine temporary entrant criterion as stipulated in clause 500.212 of Schedule 2 to the Migration Regulations 1994. This criterion requires the applicant to genuinely intend to stay in Australia temporarily, considering their circumstances, immigration history, and any other relevant matters, and to intend to comply with visa conditions. The Tribunal was also guided by Direction No. 69, which provides further detail on assessing the GTE criterion.

The Tribunal's reasoning focused on the applicant's extensive history in Australia and the numerous cancelled courses of study. Despite being granted a Bridging Visa A in October 2021, the applicant had a PRISMS record showing multiple cancelled enrolments in various certificate and diploma courses, some of which were cancelled after their intended completion dates. While the applicant provided new confirmations of enrolment in September 2022, the Tribunal found that the applicant's prolonged stay in Australia without completing a qualification, coupled with the history of cancelled courses, indicated that the student visa program was being used primarily to maintain ongoing residence rather than for genuine temporary study. The Tribunal concluded that the applicant had not demonstrated a genuine intention to temporarily stay in Australia for study.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa. The Tribunal found that the applicant had not satisfied the requirements for the grant of the visa, and therefore, any secondary applicant would also not meet the criteria.