Kaur (Migration)

This matter concerned an appeal by Ms Kaur, a secondary applicant for a Subclass 500 (Student) visa, against a decision of the Administrative Appeals Tribunal. The primary dispute revolved around whether Ms Kaur met the criteria for a genuine temporary entrant, as required by the *Migration Regulations 1994* (Cth).

The Administrative Appeals Tribunal was required to determine whether Ms Kaur genuinely intended to stay in Australia temporarily and whether she intended to comply with the conditions of the visa. In making this assessment, the Tribunal was guided by Direction No. 69, which outlines factors to consider when assessing the genuine temporary entrant criterion, including the applicant's circumstances in their home country and in Australia, their immigration history, and the value of the course to their future.

The Tribunal found that Ms Kaur had provided credible evidence regarding her circumstances in India, including her family's comfortable standard of living and her intention to return home. She stated that her current income in Australia was modest and that she and her partner could earn more in India, with significantly lower living costs there. The Tribunal concluded that Ms Kaur's income levels in Australia were not an incentive for her to remain.

Consequently, the Tribunal remitted the applications for reconsideration, directing that Ms Kaur met the criteria for a Subclass 500 (Student) visa, specifically cl.500.212 of Schedule 2 to the Regulations. The second applicant was found to meet cl.500.311 of Schedule 2 to the Regulations.