1918754 (Migration)

The Administrative Appeals Tribunal considered the decision under review concerning an application for a Subclass 500 (Student) visa. The applicants were the first named applicant, who arrived in Australia from Mauritius in February 2013 on a student visa and had applied for six student visas in total, and her husband, the second applicant. Their child was born in Australia.

The primary legal issue before the Tribunal was whether the first applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically the requirement under clause 500.212 of Schedule 2 to the Regulations that the applicant be a genuine applicant for entry and stay as a student. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily and intended to comply with any visa conditions.

In determining whether the applicant was a genuine temporary entrant, the Tribunal was required to have regard to Direction No. 69, which outlines specified factors to consider. These factors include the applicant's circumstances in their home country and potential circumstances in Australia, the value of the course to their future, their immigration history, and, if a minor, the intentions of their parent or guardian. The Tribunal noted that these factors are not a checklist but are intended to guide the decision-maker in considering the applicant's circumstances as a whole. The Tribunal's conclusion was that the decision under review should be affirmed.