Chhetri (Migration)

This matter concerned an appeal by a Nepalese citizen against the refusal of his application for a Student (Temporary) (Class TU) visa, Subclass 500. The applicant had been in Australia since July 2013, initially on a Higher Education Sector visa, and had subsequently applied for a student visa as a subsequent entrant on his spouse's visa, which was refused. He then applied for the Subclass 500 visa, which was also refused, leading to his current status on a bridging visa.

The central legal issue before the Tribunal was whether the applicant satisfied the criterion in clause 500.212(a) of the Regulations, which requires an applicant to be a genuine applicant for entry and stay as a student because they genuinely intend to stay in Australia temporarily. This assessment was to be made having regard to the applicant's circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 69.

The Tribunal considered the applicant's history, including his initial studies in accountancy and a subsequent career change to hospitality, where he intended to complete chef qualifications. It noted that the applicant had been in Australia for nearly five years, had married a fellow student visa holder, and had established a comfortable life. However, the Tribunal found that these factors, when viewed holistically, did not demonstrate a genuine intention to temporarily remain in Australia as a student.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa, finding that the criteria for the visa were not met.