Zhu (Migration)

This matter concerned an application for review by Ms Mengmeng Zhu, a citizen of China, of a decision by a delegate of the Minister to refuse her a student visa. The applicant had initially applied for the visa in August 2018 and it was refused in December 2018. A subsequent review by the Tribunal in January 2019 found she was not enrolled. The applicant appealed to the Federal Circuit Court, which on 8 February 2021, found she had been enrolled and remitted the matter back to the Tribunal for reconsideration. The Tribunal convened a hearing on 13 September 2021.

The primary legal issues before the Tribunal were whether Ms Zhu was enrolled in a course of study in accordance with clause 500.211 of the Migration Regulations 1994, and whether she genuinely intended to enter and remain in Australia temporarily as a student, as required by clause 500.212. The Tribunal found that Ms Zhu was indeed enrolled in an Advanced Diploma of Leadership and Management, which she had commenced in August 2020 and was due to complete in October 2021.

However, the Tribunal found that Ms Zhu did not satisfy the genuine temporary entrant requirement. This was because, shortly before the hearing, she had returned to China and stated she had no intention of returning to Australia in the near future, having secured a job offer there. As her course was nearing completion and being finished online, the Tribunal concluded there was no immediate need for a student visa to study in Australia. The Tribunal noted that while Ms Zhu expressed a potential future desire to study a Masters in Australia, this did not satisfy the current requirement of intending to enter and remain temporarily as a student.

Consequently, the Tribunal affirmed the delegate's decision to refuse the visa, finding that Ms Zhu did not have the requisite intention to enter and remain in Australia temporarily for the purpose of study.