Alimin (Migration)

This matter concerned an application by Ms Rike Alimin for review of a decision by the Department of Home Affairs to refuse her Student (Temporary) (Class TU) (Subclass 500) visa. Ms Alimin had applied for the visa to undertake a course of study in hospitality management in Australia. The delegate refused the visa on the grounds that Ms Alimin was not satisfied to be a Genuine Temporary Entrant, as required by Clause 500.212(a) of Schedule 2 to the Migration Regulations 1994, and in consideration of the relevant Ministerial Direction. The Administrative Appeals Tribunal, represented by Member Joseph Francis, heard the matter.

The primary legal issue before the Tribunal was to determine whether Ms Alimin was a Genuine Temporary Entrant for the purpose of obtaining a Subclass 500 visa. This involved assessing whether her intention was genuinely to study in Australia and whether the incentives to return home upon completion of her studies outweighed any incentives to remain in Australia. The Tribunal was required to consider the applicant's circumstances and motivations for choosing the specific course of study.

The Tribunal considered evidence provided by Ms Alimin, including a current Certificate of Enrolment for her chosen course. The Tribunal also heard directly from Ms Alimin, who conducted the hearing in English despite it not being her first language, with an interpreter present. The Tribunal found that Ms Alimin was a genuine applicant for entry and stay as a student. The decision of the delegate was set aside and remitted to the Department of Home Affairs for reconsideration.