The Genuine Temporary Entrant (‘GTE’) criterion requires the applicant intends genuinely to stay in Australia temporarily. However, the application of the GTE requirement has been subjective and inconsistent, which significantly affects the integrity of the temporary visa system. In Eros v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1061 (‘Eros’), the practical application and defined scope of the GTE criterion successfully maintained the integrity of the visa system and cohered with the skilled stream of the migration program. This case note canvasses the facts and reasonings of Eros, analyses the lenient and stringent applications in previous cases, and compares the application in Eros with other cases. The holistic approach in Eros reconciles the issues in previous cases and gives rise to a neutral application of the GTE requirement. It can be concluded that the Eros decision is significant in defining and non-subjectively applying the GTE requirements in temporary visa applications.

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