Zhou (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500, made by Ms Lu Zhou, a national of China. The delegate of the Department of Home Affairs had refused Ms Zhou's visa application. The Tribunal was asked to determine whether Ms Zhou was a genuine temporary entrant and whether her stated reasons for undertaking study in Australia were credible.

The primary legal issue before the Tribunal was whether Ms Zhou met the genuine temporary entrant (GTE) requirement for the Subclass 500 visa. This involved assessing the credibility of her stated intentions for studying in Australia, particularly in light of her previous extensive study history in Australia across various fields, including accounting, hospitality, and business, before enrolling in a Certificate III and Diploma of Early Childhood Education and Care. The Tribunal also considered her immigration history, including her continuous presence in Australia since 2008, with only a brief period on a Temporary Graduate Work visa.

The Tribunal reasoned that while Ms Zhou provided a detailed statement outlining her personal interest in childcare, her future business plans in China, the perceived benefits of studying in Australia, and the current trends in China's childcare sector, there were aspects of her application that warranted further scrutiny. Specifically, the Tribunal noted the significant regression in the level of study from previous advanced diplomas and degrees to a Certificate III and Diploma in Early Childhood Education and Care. Furthermore, the Tribunal considered the applicant's long duration of stay in Australia and lack of regular departures as factors relevant to assessing her genuine intention to temporarily remain in Australia for study. The Tribunal also noted that the applicant's partner, who had applied as a dependent visa applicant, had withdrawn his application, and the Tribunal accepted evidence that their relationship had broken down.

The Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant met the criteria under cl.500.212 of Schedule 2 to the Regulations, indicating that further assessment was required regarding other aspects of her visa application.