Gurung (Migration)

This matter concerned an appeal by the applicant, Ms Gurung, against a decision to refuse her Student (Temporary) (Class TU) visa, subclass 500. The primary issue before the court was whether the applicant met the genuine temporary entrant (GTE) criterion, as guided by Direction No 69.

The court was required to determine if the applicant genuinely intended to stay in Australia temporarily for the purpose of study and would depart Australia upon completion of her studies. This involved assessing various factors, including the value of the proposed course to the applicant's future, her ties to her home country, her academic history, and her overall intention to comply with visa conditions.

The court found that the applicant had provided sufficient information to address concerns raised by the delegate regarding the value of her course and her ties to Nepal. The court gave significant weight to the applicant's successful completion of a Diploma of Business Administration and an Advanced Diploma of Leadership and Management, and her current enrolment in a postgraduate program. While acknowledging a past poor academic record, the court accepted the applicant's explanations, including her youth, personal circumstances, and the impact of COVID-19. The court was satisfied that the proposed postgraduate study would enhance her future opportunities, particularly in relation to her family's business interests in Nepal, and that she was not using the visa primarily to maintain ongoing residence. Consequently, the court remitted the decision for reconsideration.