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Australia is a country that has long sought to be competitive in the international education sector, for the purposes of both revenue generation and contribution towards Australia’s social fabric. However, it has also historically had ambivalent views concerning migration, since the days of the ‘White Australia’ policy. Given this socio-legal background, on 5 November 2011 the Genuine Temporary Entrant (GTE) requirement was introduced as part of Australia’s Student Visa Program. It sought to maintain the integrity of Australia’s international education sector, as well as enhance the sector’s global competitiveness. However, industry experts have expressed concern over the requirement, suggesting that its application has been subjective and lacked transparency. This essay examines the GTE requirement through two cases submitted for review to the Migration Review Tribunal (MRT), to consider whether these concerns are evident at an appellate level. The essay will compare Australia’s requirements with Canada’s, taking into account broader policy objectives and the aforementioned goals. It will conclude that Australia’s GTE test is subjective, evidenced by unclear and inconsistent decisions that lack transparency.

Australian student visas: Assessing how the GTE requirement is assessed