Dema (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by the applicant concerning a decision to refuse a Subclass 500 (Student) visa. The applicant sought to review this decision, with the Tribunal ultimately remitting the matter for reconsideration.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically the "genuine temporary entrant" requirement as stipulated in clause 500.212 of Schedule 2 to the Migration Regulations 1994. This assessment required the Tribunal to have regard to Direction No. 69, which outlines various factors to be considered, including the applicant's circumstances in their home country and Australia, their immigration history, and the value of the proposed course of study to their future.

The Tribunal reasoned that the applicant met the genuine temporary entrant criterion. It noted the applicant's previous compliant stay in Australia as a secondary visa holder and her academic progression, having completed certificate and diploma courses. Furthermore, the Tribunal considered the applicant's strong ties to her home country, including the presence of her entire family, except for her husband, which indicated an intention to return.

Consequently, the Tribunal remitted the applications for Student (Temporary) (Class TU) visas for reconsideration by the Minister, directing that the first named applicant met the genuine temporary entrant criterion for a Subclass 500 (Student) visa, and the second named applicant met the criteria for the visa.