Zhang (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Ms. Zhang, a citizen of China, for a Subclass 500 (Student) visa. Ms. Zhang sought to undertake a Master of Business Administration at the Universal Business School Sydney. The delegate had refused her visa application, and she sought review of that decision by the Tribunal.

The primary legal issue before the Tribunal was whether Ms. Zhang satisfied the criteria for a genuine temporary entrant under clause 500.212 of Schedule 2 to the Migration Regulations 1994. This required the Tribunal to assess whether Ms. Zhang genuinely intended to stay in Australia temporarily, considering her circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 69.

The Tribunal affirmed the delegate's decision, finding that Ms. Zhang did not meet the genuine temporary entrant criterion. The Tribunal noted that Ms. Zhang had resided in Australia for over 15 years on various student visas, with only short departures. Her academic progress had been unsatisfactory, requiring extensions of her Confirmation of Enrolment due to failing a subject and class quotas. Furthermore, she had not provided details of employment relevant to her stated career goals in China, and her stated intentions for returning to China lacked specific detail on how she would achieve them. The Tribunal concluded that her prolonged stay and academic record suggested her primary purpose was to prolong her stay in Australia rather than genuine study for career advancement in China.

Consequently, the Tribunal affirmed the decision not to grant Ms. Zhang a Subclass 500 (Student) visa.