Dorjsuren (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by a national of Mongolia. The applicant sought to undertake a Diploma of Business in Australia. The core of the dispute 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.

The Tribunal was required to determine if the applicant met the criteria for a genuine temporary entrant. This involved assessing the applicant's circumstances in their home country and in Australia, the value of the proposed course to their future, and their immigration history, in accordance with Direction No. 69 issued under section 499 of the Migration Act 1958. The applicant had provided a written statement outlining their intention to complete the Diploma of Business to enhance their professional skills and employability in Mongolia.

The Tribunal reasoned that the applicant's stated intention to complete the Diploma of Business was consistent with their stated professional goals and would assist in their career development in Mongolia. The Tribunal found that the applicant met the genuine temporary entrant criterion. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, directing that the applicant satisfied the criteria under clause 500.212 of Schedule 2 to the Regulations.