Zhang (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision to refuse a Subclass 500 (Student) visa. The applicant, a Chinese citizen, had been in Australia since October 2015, with several short departures and returns. Her previous education in China was Grade 12, and she had worked in company finance before undertaking "house duty" until September 2021. She presented an employment contract from July 2021 for a Manager position with long-term leave granted until April 2025.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 500 (Student) visa, specifically focusing on whether she was a "genuine student" and a "genuine temporary entrant." This involved assessing her enrolment in a course of study and her intention to genuinely stay in Australia temporarily, having regard to her circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 69 issued by the Minister.

The Tribunal noted that while it was bound to consider the Minister's Direction, it retained the independence to reach its own conclusions on the merits of the case. The applicant's prolonged stay in Australia since 2015, despite brief departures, and the nature of her employment contract, which indicated long-term leave with a retained position and suspended salary, were considered. The Tribunal found that the applicant's circumstances did not demonstrate a genuine intention to temporarily stay in Australia for the purpose of study, nor did they indicate that the proposed course of study would benefit her future career prospects in her home country. The Tribunal also considered that the student visa programme might be used to maintain ongoing residence in Australia.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, concluding that the criteria for the visa were not met.