Bandara (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse a Subclass 500 (Student) visa to the applicants, who are citizens of Sri Lanka. The primary applicant had previously obtained a Bachelor of Business Administration and worked as an accountant. He arrived in Australia as a dependant on his wife's visa and subsequently applied for a student visa to undertake vocational training in the building trades. The delegate refused this application, leading to the review by the Tribunal.

The central legal issue before the Tribunal was whether the applicant genuinely intended to stay in Australia temporarily, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994. This assessment required consideration of the applicant's circumstances in Sri Lanka and Australia, his immigration history, and any other relevant matters, guided by Direction No. 69. The Tribunal was tasked with determining if the applicant's proposed studies in painting and decorating and wall and floor tiling were consistent with a genuine intention to return to Sri Lanka.

The Tribunal reasoned that the applicant's proposed vocational studies had real value for his future in Sri Lanka, particularly in light of an offer of employment as a team leader from a Sri Lankan construction company, which specifically referenced a potential Diploma of Leadership and Management qualification. The Tribunal found that the applicant had diligently pursued his studies, and a temporary cancellation of his initial course due to college registration issues did not cast doubt on his bona fides. Considering the applicant's overall circumstances, including his family and community ties to Sri Lanka and the potential for career advancement there, the Tribunal concluded that the applicant met the genuine temporary entrant criterion.

Consequently, the Tribunal remitted the visa applications of both applicants to the Minister for reconsideration, with a direction that the primary applicant satisfied the genuine temporary entrant criterion.