Candra (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by Mr Candra. The central dispute concerned whether Mr Candra met the criteria for being a genuine temporary entrant, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if Mr Candra genuinely intended to stay in Australia temporarily and if he intended to comply with the conditions of the visa. In making this determination, the Tribunal was 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. The Tribunal also had to consider any other relevant information.

The Tribunal noted that Mr Candra had accompanied his wife to Australia in 2009 on a dependent visa, and between 2009 and 2015 or 2016, he had been at home looking after children and working part-time. Despite the initial decision that the criteria were not met, the Tribunal ultimately concluded that the matter should be remitted for reconsideration. The Tribunal directed that Mr Candra met the criteria for being a genuine temporary entrant under clause 500.212.