Zhu (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, where the applicant, Ms Zhu, sought review of a delegate's decision to refuse her visa. The primary dispute revolved around whether Ms Zhu met the genuine temporary entrant (GTE) requirement under clause 500.212 of Schedule 2 to the *Migration Regulations 1994* (Cth). The decision was made by Vanessa Plain, a Member of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Ms Zhu satisfied the criteria for the grant of a Subclass 500 visa, specifically focusing on the genuine temporary entrant requirement. This involved assessing whether her stated intention to study in Australia was genuine and whether she intended to reside temporarily in Australia before returning to her home country.

The Tribunal's reasoning was influenced by new evidence submitted by Ms Zhu, which specifically addressed and remediated the concerns previously held by the visa delegate. This new evidence satisfied the Tribunal that Ms Zhu met the requirements of clause 500.212. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration by the delegate, with a direction that Ms Zhu satisfied the relevant criteria. The Tribunal remitted the application for reconsideration, directing that the applicant meets the criteria under cl.500.212 of Schedule 2 to the Regulations.