Another Case, Another Lesson About Student Visas and the GTE
The debate about the proper interpretation of the “genuine temporary entrant” for student visas is continuing in the Federal courts, with no definitive resolution on the horizon.
On one side of the debate, there is the view of Judge Manousaridis of the Federal Circuit Court as stated in the Khanna case. In Khanna, Judge Manousaridis held that it is not inconsistent with being a genuine temporary entrant for a person to harbor a subjective hope, wish or plan to remain in Australia after the completion of a course of study if a further visa pathway should become available.
On the other side of the debate is the view of Judge Cameron, also of the Federal Circuit Court, as stated in the Saini case: namely, that the intention to stay only temporarily must be “unqualified”. Therefore, under Saini, holding an intention to remain in Australia following the conclusion of one’s studies is incompatible with being a “genuine temporary entrant”.
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