Jardim (Migration)

The Administrative Appeals Tribunal considered an application by Mr Jardim for a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether Mr Jardim met the genuine temporary entrant (GTE) criterion, as set out in cl.500.212 of Schedule 2 to the Migration Regulations 1994 (Cth). The Tribunal was required to assess whether Mr Jardim genuinely intended to stay in Australia temporarily for the purpose of study and whether he intended to depart Australia at the end of his authorised stay.

The Tribunal's determination focused on several factors relevant to the GTE criterion. These included the presence of Mr Jardim's de facto partner in Australia, his employment in Australia, and his academic progression. The Tribunal also considered evidence relating to Mr Jardim's research into study options and the job market in his home country, as well as his financial and family ties to his home country, and the perceived value of the proposed course to his future career prospects.

Upon considering the new evidence and the factors outlined, the Tribunal was satisfied that the GTE criterion was met. Consequently, the Tribunal remitted the application for reconsideration, with a direction that Mr Jardim meets the requirements of cl.500.212 of Schedule 2 to the Regulations.