Acharya (Migration)

The Administrative Appeals Tribunal considered the case of Acharya, an applicant for a Subclass 500 (Student) visa. The central dispute concerned whether the applicant genuinely intended to stay in Australia temporarily as a student, as required by clause 500.212(a) of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the genuine temporary entrant criterion. This involved assessing the applicant's circumstances in Australia and his home country, his immigration history, and any other relevant matters, in accordance with Direction No. 69. The applicant's past academic performance, including non-completion of previous courses and slow progress, was a significant point of contention, alongside his stated intentions for future study and return to Nepal.

The Tribunal acknowledged the applicant's initial difficulties in adapting to the Australian study environment, which led to his poor academic record in earlier courses. However, it found his subsequent progress in the Bachelor of Business Information Systems course, particularly his successful completion of all subjects in Semester 1, 2018, to be persuasive evidence of his commitment to study. The Tribunal accepted his explanation for the initial slow progress and found his current academic performance, payment of fees, and detailed knowledge of his course credible. Furthermore, the Tribunal was satisfied that the applicant intended to return to Nepal upon completion of his degree to take up a system analyst position, supported by the fact that the balance of his family resided there and he had no adverse immigration history.

Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criterion under clause 500.212(a) of Schedule 2 to the Regulations.