Jahollari (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by Mr. Jahollari, an Italian citizen. The delegate of the Minister had refused the visa application, and Mr. Jahollari sought review of that decision. The Tribunal was required to assess whether Mr. Jahollari met the criteria for a genuine temporary entrant under clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The legal issues before the Tribunal were whether Mr. Jahollari was a genuine applicant for entry and stay as a student temporarily, having regard to his circumstances, immigration history, and any other relevant matters. This involved considering the impact of the COVID-19 pandemic on his studies and assessing the overall value of the proposed course to his career development. The Tribunal also had to consider Direction No. 69, issued by the Minister under section 499 of the Migration Act 1958, which provides guidance on assessing the genuine temporary entrant criterion.

The Tribunal reasoned that while the Direction was lawful and had to be considered, it was not a checklist and the Tribunal retained its independence to reach its own conclusions. The applicant had completed some units of his Certificate III in Business and had obtained a Certificate IV in Business. He had commenced a Diploma of Business, with a projected completion date of April 2024. The Tribunal found that the applicant had made adequate academic progress, which was to his credit and evidence of being a genuine student, particularly given the challenges posed by the COVID-19 pandemic and the uncertainty surrounding his application while he was onshore on a bridging visa.

Having regard to the applicant's circumstances, his immigration history, and all other relevant matters, the Tribunal was satisfied that Mr. Jahollari met the genuine temporary entrant criterion under clause 500.212(a). Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining criteria for the Subclass 500 (Student) visa.