Enescu (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by Mr. Enescu. The dispute concerned whether Mr. Enescu met the genuine temporary entrant criterion, as stipulated in clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if Mr. Enescu genuinely intended to stay in Australia temporarily, having regard to his circumstances in Romania and his potential circumstances in Australia, the value of his proposed course of study to his future, and his immigration history. This assessment was to be conducted in accordance with Direction No. 69, which outlines factors to be considered when assessing the genuine temporary entrant criterion for student visa applications.

The Tribunal considered a range of documentary evidence, including confirmation of enrolment in various hospitality and English language courses, statements of attainment, and an IELTS test report. It also noted Mr. Enescu's oral evidence. The Tribunal found that Mr. Enescu satisfied the genuine temporary entrant criterion. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that Mr. Enescu meets the requirements of clause 500.212 of Schedule 2 to the Regulations.