Zhao (Migration)

The Administrative Appeals Tribunal considered the case of Ms Zhao, a Chinese citizen applying for a Subclass 500 (Student) visa. Ms Zhao had arrived in Australia on a tourist visa and sought to undertake a Certificate IV in Business and a Diploma of Business. The delegate had formed the view that Ms Zhao was not a genuine applicant for entry, citing a lack of ties to Australia and her husband's financial support.

The Tribunal was required to determine whether Ms Zhao satisfied the genuine temporary entrant criterion for a Subclass 500 (Student) visa, having regard to Direction No. 69 issued by the Minister under section 499 of the Migration Act 1958. This involved assessing Ms Zhao's circumstances in her home country, her potential circumstances in Australia, the value of her proposed course of study to her future, and her immigration history.

The Tribunal acknowledged the binding nature of Direction No. 69 but affirmed its role as an independent statutory body to reach its own conclusions. While noting Ms Zhao's failure to fully articulate her career goals upon returning to China, the Tribunal was satisfied that the proposed courses were consistent with her current level of study and would likely assist her in the competitive Chinese job market, partly due to improved English skills and partly due to the substance of the qualifications. The Tribunal also considered that her husband was financially supporting her.

Ultimately, the Tribunal remitted Ms Zhao's application for a Student (Temporary) (Class TU) visa to the Minister for reconsideration. The Tribunal directed that Ms Zhao met the genuine temporary entrant criterion for a Subclass 500 (Student) visa, allowing the Minister to consider the remaining criteria for the visa.