De Vera (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant, a Filipino national, sought to review a decision concerning her eligibility for the visa, specifically whether she met the genuine temporary entrant criterion.

The central legal issue before the Tribunal was whether the applicant genuinely intended to stay in Australia temporarily, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994. This assessment was to be conducted in accordance with Direction No. 69, which outlines various factors to be considered, including the applicant's circumstances in her home country and Australia, her immigration history, and the value of her proposed studies to her future.

The Tribunal noted that the applicant had successfully completed a series of courses in Australia, including English, Certificate III and Diploma of Children's Services, Diploma of Nursing, Bachelor of Nursing, and a Diploma of Leadership and Management. The Tribunal found that the applicant satisfied the genuine temporary entrant criterion. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant had met the criteria under cl.500.212 of Schedule 2 to the Regulations.