The new GTE (Genuine Temporary Entrant) rolled out into force last weekend as part of the Stage 1 response to the Knight review changes that should be made to the visa processing arrangements of student visas.

It seems DIAC has engaged some marketing guru specialising in the motor industry for this new selling of its student visa products. In reality DAIC is just a re badging of the old model but they give it a new name to make the public think that the policy department is actually earning its combined hundreds of thousands of tax payers salary.

Car makers do this all the time. Instead of making a new design it's cheaper to throw on a new front and rear bumper bar, add a new pin stripe and behold, the new improved GTE model has arrived in a show room near you. You have to pity the poor salesman who is left with the unenviable task to convince buyers it's a brand new model, so much improved on the old version. But you know it's true what they say in sales talk, there's a sucker born every day but sorry DIAC there are none in this office.

So now the GTE Student visa is DIAC`s version of the old model revamp but in reality it's really the same old design that has been there for years. There has been a policy definition of what constitutes a genuine entrant for as long as I can remember but now, hey, they are now called genuine temporary entrant. Hmmmm.

In reality since the Global Financial crisis, the issue of genuineness was hardly raised by DIAC even though it has been in the legislation to enforce if they wanted to. DIAC was happy snapping up students from all over the world to prop the economy like they were first in line at the Myer Stock Clearence Sale. It was all about numbers, not the quality of those numbers.

Of course change has been blowing in the wind for some time now since Australia shrugged off the GFC and they say they just want students who`s primary reason for coming here is just to study and get a good education. Sorry guys but I think the environment, surf, chicks, hunks and job prospects have a lot more to do with the motivation to come here.

The new laws regarding the GTE will be inserted into every student visa subclass as follows;

(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:

(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:

(i) the applicant's circumstances; and

(ii) the applicant's immigration history; and

(iii) if the applicant is a minor - the intentions of a parent, legal guardian or spouse of the applicant; and

(iv) any other relevant matter; and

(b) the applicant meets the requirements of subclause (2).

The old PAMs covering this issue made it clear that all factors must be considered if a person is genuine student and this is done as a balancing exercise by the individual case officers. I can see in the near future many are going to be rejected on the genuineness issue. For those fortunate to be onshore when this happens you will be able to access the Migration Review Tribunal (MRT). I can just see those at the MRT loving this tidal wave coming their way. For those unfortunate to be lodging a student visa while you are offshore, there will be no access to a review.

The new DIAC blurb about what constitutes a GTE can be found on their promotional blurb using the following link;

http://www.immi.gov.au/students/_pdf/2011-genuine-temporary-entrant.pdf

Student Visa English Language Requirements
 

Also in line with the Knight review DIAC has announced the other English tests results which can be submitted as an alternative to the IELTS tests.

The tests and the comparison chart to the IELTS can be found on this link;

http://www.immi.gov.au/students/english-requirements.htm

Sorry for all the GSM applicants, there is still no substitute for IELTS! 

Other implimentations such as the abolishment of assessment levels can read here;

http://www.immi.gov.au/students/knight/

Section 4020 is a simpler cost effective measure to ensure those who choose to do the wrong thing in their applications will not be able to apply for certain visas to Australia for the next three years after their return home.

The law spelling out 4020 is as follows;

4020

(1)     There is no evidence before the Minister that the applicant has given, or caused to be given, to the Minister, an officer, the Migration Review Tribunal, a relevant assessing authority or a Medical Officer of the Commonwealth, a bogus document or information that is false or misleading in a material particular in relation to:

(a) the application for the visa; or

(b) a visa that the applicant held in the period of 12 months before the application was made.

(2)     The Minister is satisfied that during the period:

(a) starting 3 years before the application was made; and

(b) ending when the Minister makes a decision to grant or refuse the application;

the applicant and each member of a family unit of the applicant has not been refused a visa because of a failure to satisfy the criteria in subclause (1).

(3)     To avoid doubt, subclauses (1) and (2) apply whether or not the Minister became aware of the bogus document or information that is false or misleading in a material particular because of information given by the applicant.

(4)     The Minister may waive the requirements of any or all of paragraphs (1)(a) or (b) and subclause (2) if satisfied that:

(a) compelling circumstances that affect the interests of Australia; or

(b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;

justify the granting of the visa.

(5)     In this clause:

information that is false or misleading in a material particular means information that is:

(a) false or misleading at the time it is given; and

(b) relevant to any of the criteria the Minister may consider when making a decision on an application, whether or not the decision is made because of that information.

The simpler DIAC fact sheet can be read using the following link;

http://www.immi.gov.au/skilled/_pdf/fraud-pic.pdf

For those of you wondering about the compelling and compassionate circumstances, they do exist but they would be described as difficult to meet unless you have an Australian spouse or children. For obvious reasons DIAC has tried to its best that if 4020 catches you out then you will have three long years to reconsider your atcions before you will be granted another visa on their now extended list of visa subclasses.