Bharne (Migration)

The Administrative Appeals Tribunal considered the case of Mr Bharne, who sought review of a decision to refuse him a Subclass 500 (Student) visa. The primary dispute concerned whether Mr Bharne met the genuine temporary entrant criterion, a key requirement for the visa.

The Tribunal was required to determine if Mr Bharne genuinely intended to stay in Australia temporarily and if he intended to comply with the conditions of the visa. This involved assessing his circumstances in his home country, his potential circumstances in Australia, and the value of his proposed course of study to his future. The Tribunal also had to consider his immigration history and any other relevant matters.

In its reasoning, the Tribunal referred to Direction No. 69, which provides guidance on assessing the genuine temporary entrant criterion. The Tribunal noted that the applicant was 33 years old and had a history of study in Australia, having first arrived in 2006. He had returned to his home country for a period before re-entering Australia in 2013 and had not travelled overseas since. The Tribunal observed that the applicant had applied for the student visa while enrolled in a Diploma of Business and an Advanced Diploma of Business. The delegate of the Department had refused the visa on 14 September 2017.

The Tribunal concluded that the decision under review should be affirmed.