1827363 (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Subclass 500 (Student) visa. The applicant sought to study in Australia, and the delegate's decision had focused on whether the applicant met the criteria for being a genuine temporary entrant, as stipulated in clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied the genuine temporary entrant criterion. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily, having regard to their circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 69.

The Tribunal noted the applicant's stated intention to complete a Certificate IV, a Diploma, and an Advanced Diploma of Marketing and Communication in Australia, with the latter course scheduled to conclude in January 2022. Crucially, the Tribunal also had regard to a job offer the applicant had received in Malaysia dated March 2020. The Tribunal concluded that, given the information before it, including the job offer, the matter should be remitted for further consideration by the Minister. The Tribunal directed that the applicant met the genuine temporary entrant criterion.