Bhattarai (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Bhattarai concerning his application for a Student (Temporary) (Class TU) visa, Subclass 500. The delegate had previously cancelled the applicant's visa, and the Tribunal was reviewing this decision. The core of the dispute revolved around whether the applicant was a genuine temporary entrant, given his extensive history as a student and worker in Australia and the repeated cancellations of his enrolment in a Bachelor of Professional Accounting course due to non-payment of fees and non-commencement of study.

The Tribunal was required to determine if the applicant genuinely intended to study in Australia and if he met the criteria for a Subclass 500 visa. Specifically, the Tribunal had to assess the applicant's stated intentions, his academic history, and his familial responsibilities in Nepal in light of the delegate's concerns that his application might be motivated by a desire to remain in Australia rather than a genuine pursuit of academic qualifications.

In its reasoning, the Tribunal acknowledged the applicant's explanation regarding his familial responsibilities in Nepal, stating that as the only son, he had a cultural obligation to care for his parents. He also indicated an intention to return to Nepal upon completion of his Master's studies. The Tribunal found that the applicant met the criteria under cl.500.212 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met this specific criterion.