EKANAYAKE MUDIYANSELAGE (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), made by an applicant who was on a Bridging Visa C. The primary issue before the Tribunal was whether the applicant met the criterion in cl.573.326(aa) of Schedule 2 to the Regulations, which requires the Minister to be satisfied that the applicant genuinely intends 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. 53.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, considering various factors outlined in Direction No. 53. These factors included the applicant's circumstances in their home country, potential circumstances in Australia, the value of the course to their future, their immigration history, and any other relevant information. The Direction stipulated that these factors were not to be treated as a checklist but rather as guidance for weighing the applicant's overall circumstances to assess the genuine temporary entrant criterion.

In its reasoning, the Tribunal noted that the applicant, from Sri Lanka, had arrived in Australia in August 2012 on a 573 visa. Prior to arriving, the applicant had completed high school and commenced, but not finished, an accounting degree. The applicant maintained regular contact with family in Sri Lanka, where his mother and one sister resided, while another sister lived in Italy. His father, a police officer, had passed away when the applicant was young, and his mother, a nurse, lived off a pension. The Tribunal concluded that the applicant met the requirement of cl.573.326(aa). Consequently, the Tribunal remitted the application for reconsideration by the delegate, with the direction that the applicant met this specific criterion.