Candra (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Candra for a Subclass 500 (Student) visa. The dispute centred on whether Mr Candra met the primary criteria for the visa, specifically concerning his enrolment in a course of study and whether he was a genuine applicant for entry and stay as a student.

The legal issues before the Tribunal were whether Mr Candra was enrolled in a course of study as defined by the Migration Regulations 1994, and whether he met the criteria for being a genuine applicant for entry and stay as a student, as stipulated in clause 500.212 of Schedule 2 to the Regulations. This latter criterion requires an applicant to genuinely intend to stay in Australia temporarily and comply with visa conditions, with decision-makers also to consider any other relevant matters.

The Tribunal found that Mr Candra was indeed enrolled in a full-time registered course, an Advanced Diploma of Marketing and Communications, as evidenced by a search of the Provider Registration and International Student Management System (PRISMS). Regarding the genuine applicant criterion, the Tribunal accepted Mr Candra's evidence about his future plans, including the significant value the course held for his intended future business in Indonesia. The Tribunal noted his family's background in business and found that the marketing and communication skills would enhance the success of his proposed café venture, leading to improved remuneration prospects in his home country. Furthermore, the Tribunal considered that Mr Candra lacked the resources to pursue his business plans in Australia and that any employment he might secure there would not offer a comparable standard of living to that he could achieve in Indonesia. The Tribunal also reviewed Mr Candra's immigration history, noting no previous visa refusals for Australia or other countries, and his compliance with visa conditions during a previous visit to Hong Kong.

Consequently, the Tribunal remitted Mr Candra's application for a Student (Temporary) (Class TU) visa for reconsideration by the Minister. The Tribunal directed that Mr Candra met the criteria under cl.500.211 (enrolment in a course of study) and cl.500.212 (genuine applicant for entry and stay as a student) of Schedule 2 to the Regulations.