BALOCH (Migration)

This matter concerned an application for a Subclass 500 (Student) visa by a citizen of Pakistan. The delegate of the Minister refused to grant the visa, finding that the applicant did not satisfy the requirements of cl.500.212 of Schedule 2 to the Migration Regulations 1994, as the delegate was not satisfied that the applicant was a genuine applicant for entry and stay in Australia as a student. The applicant had arrived in Australia in 2012 on a student visa for high school and had subsequently completed a Diploma of Early Childhood Education and Care before applying for a Bachelor of Business.

The legal issues before the Tribunal were whether the applicant genuinely intended to stay in Australia temporarily and whether she intended to comply with the conditions of the visa, as required by cl.500.212. In determining these issues, the Tribunal was required to have regard to Direction No. 69, which outlines factors to consider when assessing the genuine temporary entrant criterion, including the applicant's circumstances in her home country and Australia, her immigration history, and the value of the course to her future.

The Tribunal found that the applicant satisfied the genuine temporary entrant criterion. It noted her consistent study record in Australia, her progression from secondary education to a diploma and now a bachelor's degree, and the significant tuition fees associated with her current course. The Tribunal accepted that her diploma complemented her bachelor's degree, aligning with her stated intention to work in early childhood education and potentially operate her own business in Pakistan. The Tribunal also considered her explanation for not travelling frequently to her home country, attributing it to the cost of airfares, and accepted her stated intention to return to Pakistan to pursue her career.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under cl.500.212 of Schedule 2 to the Regulations.