Amanpreet Kaur (Migration)

This matter concerned an appeal by Amanpreet Kaur against a decision regarding her application for a Subclass 500 (Student) visa. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether Ms Kaur genuinely intended to stay in Australia temporarily, as required by clause 500.212(a) of Schedule 2 to the Migration Regulations 1994. This assessment was to be conducted in accordance with Ministerial Direction No. 69, which outlines various factors to be considered, including the applicant's circumstances in her home country, her potential circumstances in Australia, and the value of her proposed course of study to her future.

The Tribunal considered Ms Kaur's circumstances, noting she was 21 years old, had completed a Diploma of Leadership and Management in Australia, and was enrolled in an Advanced Diploma of Leadership and Management. She stated an intention to return to India to start her own business upon completion of her studies. While Ms Kaur owned property in India and maintained weekly contact with her family there, the Tribunal noted a lack of information regarding how she was supporting herself and paying for her studies in Australia. The Tribunal also considered her immigration history, which included a previous arrival in Australia in August 2019 and an application for her current visa in October 2019.

The Tribunal concluded that the matter should be remitted for reconsideration. It directed that Ms Kaur met the criteria for a Subclass 500 (Student) visa, specifically clause 500.212 of Schedule 2 to the Regulations. This indicates that while the Tribunal found the genuine temporary entrant criterion was met, the application was sent back to the Minister for consideration of other outstanding criteria for the visa.