GURUNG (Migration)

This matter concerned an appeal by Mr. Gurung against a decision regarding his application for a Subclass 500 (Student) visa. The core dispute revolved around whether Mr. Gurung met the genuine temporary entrant (GTE) criterion, specifically clause 500.212(a) of Schedule 2 to the Migration Regulations 1994. The decision was made by a member of the Tribunal, Gabrielle Cullen.

The legal issue before the Tribunal was to determine if Mr. Gurung genuinely intended to stay in Australia temporarily, having regard to his circumstances, immigration history, and any other relevant matters, as guided by Direction No. 69. This involved assessing factors such as his circumstances in his home country, potential circumstances in Australia, the value of his course to his future, his immigration history, and any other relevant information.

The Tribunal considered Mr. Gurung's evidence regarding his course progress, having completed 75% of his Master of Professional Accounting and being enrolled in the remaining subjects. It accepted his stated intention to return to Nepal upon completion of his studies in December 2018, noting his desire to enhance his career prospects in accounting and potentially join his family business. The Tribunal also found credible his reasons for pursuing a Master's degree after holding a subclass 485 visa, and his commitment to caring for his elderly parents in Nepal. While acknowledging his slow rate of course progress since arriving in Australia in 2008, the Tribunal viewed his positive study record and financial commitment to his education as persuasive evidence of his genuine student status.

Consequently, the Tribunal was satisfied that Mr. Gurung met the genuine temporary entrant criterion under clause 500.212(a). The Tribunal remitted the applications for Student (Temporary) (Class TU) visas for reconsideration by the Minister, with the direction that Mr. Gurung satisfied this specific criterion.