De Caro (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by an Italian national. The applicant, aged 35, had been in Australia on various visas since 2014, including multiple Working Holiday and Student visas. The core dispute before the Tribunal was whether the applicant was a "genuine applicant for entry and stay as a student," a criterion under the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the genuine temporary entrant criterion, as outlined in clause 500.212 of Schedule 2 to the Regulations, and as guided by Direction No. 69. This involved assessing the applicant's circumstances in Australia and Italy, their immigration history, the value of the proposed course of study to their future, and any other relevant matters. The applicant sought to undertake an Advanced Diploma in Conservation and Land Management, having previously completed some agribusiness and conservation courses, though not all successfully.

The Tribunal noted the applicant's stated desire to study in Australia due to its unique flora and fauna, and his enjoyment of farm work. It also considered his prior qualifications as a bookkeeper and programmer in Italy and his employment history there. However, the Tribunal found that the applicant's immigration history, including a series of successive student visas and the fact that he had not completed all previous courses, warranted further scrutiny. The Tribunal concluded that the matter should be remitted for further consideration by the Minister. The Tribunal directed that the applicant met criterion cl.500.212 of Schedule 2 to the Regulations.