GOMES DE FARIA (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, where the applicant, Ms. Gomes de Faria, sought review of a decision. The central dispute revolved around whether the applicant met the criteria for being a genuine temporary entrant for study in Australia. The decision was made by the Tribunal.

The Tribunal was required to determine whether the applicant genuinely intended to stay in Australia temporarily, as stipulated by clause 500.212 of Schedule 2 to the Regulations. This assessment necessitated consideration of the applicant's circumstances in her home country, her potential circumstances in Australia, and the value of her chosen course to her future. The Tribunal also had to have regard to the applicant's immigration history and any other relevant matters, guided by Direction No. 69 concerning the assessment of genuine temporary entrant criteria.

The Tribunal considered evidence that the applicant had completed an English course in 2017, a Certificate II in Customer Engagement, and was studying a Certificate III in Business. While the applicant had commenced a Bachelor of Gastronomy in Brazil, she had not completed it after her Australian Student Visa was approved. The Tribunal found that the applicant met the genuine temporary entrant criterion under clause 500.212.

Consequently, the Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant satisfied the genuine temporary entrant criteria.