Zhu (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the genuine student criteria, specifically the requirement to genuinely intend to stay in Australia temporarily. The Tribunal was tasked with reviewing a decision that had refused the applicant's visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.212 of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be a genuine applicant for entry and stay as a student. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily, having regard to their circumstances, immigration history, and any other relevant matters, as guided by Ministerial Direction No. 69.

The Tribunal reasoned that to determine if the applicant was a genuine temporary entrant, it needed to consider various factors outlined in Ministerial Direction No. 69. These factors include the applicant's circumstances in their home country, potential circumstances in Australia, the value of the course to their future, their immigration history, and any other relevant information. The Tribunal noted that the applicant had been granted an initial Student visa in 2013, valid until 2017, to undertake a Diploma of Commerce and a Bachelor of Commerce degree, and had arrived in Australia in 2014. Despite this, the Tribunal concluded that the criteria for the grant of a Subclass 500 (Student) visa were not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.