Bhangu (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by an applicant for a Subclass 500 (Student) visa. The applicant, who had arrived in Australia in 2015, sought to continue her studies after completing a Graduate Certificate of Management. The delegate's decision to refuse the visa was under review.

The primary legal issue before the Tribunal was whether the applicant 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 69, which outlines various factors to be considered, including the applicant's circumstances in her home country and in Australia, the value of her proposed course of study to her future, and her immigration history.

The Tribunal noted that the applicant had experienced significant academic setbacks, having enrolled in but not completed seven courses since 2016, and had also suffered from depression. While the applicant had ties to her home country of India, including family and jewellery valued at approximately $4,000 AUD, the Tribunal found that the applicant met the criteria under clause 500.212(a). The Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with a direction that the applicant satisfied the genuine temporary entrant criterion.