Bidynska (Migration)

This matter concerned an appeal by Ms Bidynska against a decision regarding her application for a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether Ms Bidynska met the criteria for a genuine applicant for entry and stay as a student, as stipulated in clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if Ms Bidynska genuinely intended to stay in Australia temporarily, considering her personal circumstances, immigration history, and any other relevant matters. This assessment was to be guided by Direction No. 69, which outlines factors to consider, including the applicant's circumstances in their home country, potential circumstances in Australia, the value of the course to their future, and their immigration history.

Despite initial concerns regarding Ms Bidynska's slow course progress and a previous enrolment cancellation due to repeated failure of a subject, the Tribunal found that she had made steady progress since changing institutions and had completed a significant portion of her Master of Professional Accounting course. The Tribunal was satisfied that she had paid substantial fees for her studies and demonstrated detailed knowledge of her current course. Furthermore, her stated intention to return to Poland or another European country upon completion of her studies, supported by her family residing in Poland and her de facto partner's intention to depart with her, indicated a genuine temporary stay.

Consequently, the Tribunal was satisfied that Ms Bidynska met the genuine temporary entrant criterion under clause 500.212(a). The Tribunal remitted the application for reconsideration by the Minister, with a direction that Ms Bidynska met this specific criterion for a Subclass 500 (Student) visa.