HO (Migration)

The Administrative Appeals Tribunal considered an appeal by an applicant for a Subclass 500 (Student) visa. The applicant, who had completed a Master of Accounting, sought to enrol in a Commercial Cookery course in Australia. The delegate had refused the visa application, finding the applicant was not a genuine temporary entrant. The applicant was seeking to meet the secondary criteria for the visa as a member of the family unit of a person holding a student visa.

The Tribunal was required to determine whether the applicant was a genuine applicant for entry and stay as a student, specifically whether she genuinely intended to stay in Australia temporarily, as per clause 500.212 of Schedule 2 to the Regulations. This assessment necessitated consideration of Direction No. 69, which outlines factors to be taken into account, including the applicant's circumstances in her home country and in Australia, the value of the proposed course to her future, her immigration history, and any other relevant information.

The Tribunal found that the applicant satisfied clause 500.212. While acknowledging the applicant's previous experience in opening a restaurant in Vietnam and her completed Master of Accounting, the Tribunal concluded that the applicant's intention to study Commercial Cookery was genuine and that she intended to comply with visa conditions. Consequently, the Tribunal remitted the applications for Student (Temporary) (Class TU) visas for reconsideration, directing that the primary applicant met the criteria under clause 500.212 and the secondary applicants met the criteria under clause 500.311.