Joshi (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision to refuse this visa. The central issue was whether the applicant met the criterion of being a genuine temporary entrant, as stipulated by clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, having regard to their circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 69. This Direction mandates consideration of factors such as the applicant's circumstances in their home country, potential circumstances in Australia, and the value of the proposed course of study to the applicant's future. The Tribunal noted the applicant's previous study of a Diploma of Pharmacy and subsequent work as a pharmacist in Nepal.

The Tribunal found that the applicant met the genuine temporary entrant criterion. Consequently, the Tribunal remitted the application for a Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant satisfies clause 500.212 of Schedule 2 to the Regulations.