Bak (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa made by a 36-year-old citizen of Korea, who was accompanied by her husband and daughter. The applicant sought to undertake a Diploma of Leadership and Management, stating her intention to return to Korea to advance her career as a chef and break down gender prejudices in the industry. The core dispute revolved around whether the applicant genuinely intended to stay in Australia temporarily, as required by the migration regulations.

The legal issue before the Tribunal was whether the applicant satisfied clause 500.212(a) of Schedule 2 to the Migration Regulations 1994, which requires an applicant to genuinely intend to stay in Australia temporarily. This assessment was to be conducted in accordance with Direction No. 69, which outlines various factors to be considered, including the applicant's circumstances in her home country and potential circumstances in Australia, the value of the proposed course to her future, and her immigration history.

The Tribunal found that the applicant had provided evidence of her commitment to her family in Korea, her substantial academic progress in Australia, and the significant job opportunities available to her there, which would benefit her future career. It also noted her return visits to Korea and her stated desire to establish a business there. Given these considerations, the Tribunal concluded that the applicant met the genuine temporary entrant criterion. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the first applicant satisfied clause 500.212 of Schedule 2 to the Regulations.