Zhang (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) Subclass 500 visa made by an applicant from China. The central issue before the Tribunal was whether the applicant genuinely intended to stay in Australia temporarily, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994. This assessment involved considering the applicant's circumstances, immigration history, and any other relevant matters, guided by Direction No. 69.

The Tribunal was required to determine if the applicant satisfied the genuine temporary entrant criterion. This involved evaluating various factors, including the applicant's circumstances in her home country and Australia, the value of her chosen course to her future, her immigration history, and any other information available. The applicant provided explanations for her extensive course enrolment history, stating she had been advised by a migration agent to enrol in diploma-level courses as a pathway to a Bachelor's degree, which she believed would assist her employment prospects in China. She also stated she had not worked in Australia and was financially supported by her parents.

The Tribunal found that the applicant met the criteria under clause 500.212. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant satisfies the genuine temporary entrant criterion for a Subclass 500 (Student) visa.