AJISEGBEDE (Migration)

The Administrative Appeals Tribunal considered the case of an applicant for a Subclass 500 (Student) visa. The applicant, a Nigerian citizen, sought to undertake a Bachelor of Nursing in Australia. The delegate had refused the visa application, finding that the applicant had not demonstrated a strong incentive to return to Nigeria, that his employment in Australia reduced his incentive to return, that he lacked sufficient knowledge of his course and visa conditions, and that the benefit of the course to his career prospects was not clearly demonstrated. Furthermore, the delegate noted the applicant's lengthy continuous stay in Australia since 2016, which raised concerns about his claim of being a temporary resident.

The Tribunal was required to determine whether the applicant satisfied the criteria for a genuine temporary entrant under clause 500.212(a) of Schedule 2 to the Migration Regulations 1994. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily, considering his circumstances in Australia and his home country, his immigration history, and any other relevant matters, in accordance with Direction No. 108. The applicant had explained his extended stay and study delays due to multiple family bereavements and subsequent counselling, as well as issues with course placement and repeating units. He also articulated a desire to redirect his career towards emergency medical services and healthcare training in Nigeria, influenced by his work as a disability support worker in Australia.

The Tribunal found that the applicant met the criteria under clause 500.212(a) of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, directing that the applicant satisfied this specific criterion.