Brar (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa by Mr. Brar. The core of the dispute concerned whether Mr. Brar met the genuine temporary entrant (GTE) requirement, specifically whether he was a genuine student. The Department had previously refused his application.

The Tribunal was required to determine if Mr. Brar satisfied the criterion under cl. 500.212(a) of Schedule 2 to the *Migration Regulations 1994* (Cth), which relates to the genuine temporary entrant requirement for a Subclass 500 visa. This involved assessing whether his intention was genuinely to stay temporarily in Australia for the purpose of study.

The Tribunal found that the Department had incorrectly calculated aspects of Mr. Brar's academic progress. Upon reconsideration, the Tribunal was satisfied that Mr. Brar met the genuine temporary entrant criterion. Consequently, the Tribunal remitted the application for reconsideration with a direction that Mr. Brar meets the relevant criteria for the visa.