He (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), made by an applicant with a history of previous study and working visas. The applicant had applied for the student visa shortly before their working visa expired and proposed enrolment in short, lower-level courses in different subjects. The core of the dispute concerned whether the applicant genuinely intended to stay in Australia temporarily, as required by the visa criteria.

The Tribunal was required to determine if the applicant's stated intention to study was genuine, considering factors such as the value of the proposed studies to their future career, advice received from their employer to study, their proximity to completing studies, and their existing work opportunities and family ties in their home country. The Tribunal also had to assess the applicant's career plan, which was described as generic.

In reaching its decision, the Tribunal considered the evidence presented regarding the applicant's circumstances. It appears the Tribunal found that the applicant met the criteria in clause 500.212(a) of Schedule 2 to the Regulations, which relates to the genuine temporary entrant requirement. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant meets the specified criteria.