Gurung (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by Mr. Gurung concerning the refusal of his application for a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether Mr. Gurung was a genuine applicant for entry and stay as a student, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if Mr. Gurung genuinely intended to stay in Australia temporarily, having regard to his circumstances, immigration history, and any other relevant matters. This assessment was to be conducted in accordance with Direction No. 69, which provides guidance on factors to consider when assessing the genuine temporary entrant criterion for student visas.

In its reasoning, the Tribunal noted that Mr. Gurung had not responded to an invitation under section 359(2) of the Migration Act 1958, which meant he was not entitled to appear before the Tribunal. The Tribunal declined an indefinite adjournment of the decision. The Tribunal considered Mr. Gurung's circumstances in his home country, including the presence of his parents and brother and their apparent assets there, and his potential circumstances in Australia. It also considered the value of the proposed course to his future, his immigration history, and any other relevant information. Ultimately, the Tribunal concluded that Mr. Gurung did not satisfy the criteria for the grant of a student visa.

The Tribunal affirmed the decision not to grant Mr. Gurung a Subclass 500 (Student) visa.