Kaur (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant, a 30-year-old Indian national, sought to undertake vocational education and training courses in Australia. The core of the dispute revolved around whether the applicant met the "genuine temporary entrant" criterion, a requirement for the grant of the visa.

The Tribunal was tasked with determining if the applicant was a genuine applicant for entry and stay as a student, as stipulated by clause 500.212 of Schedule 2 to the Migration Regulations 1994. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily, considering their circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 69.

In reaching its decision, the Tribunal applied the principles outlined in Direction No. 69, which guides decision-makers in assessing the genuine temporary entrant criterion. The Tribunal noted that the applicant had been in Australia since September 2019 on a tourist visa and that her immediate family resided in Australia. Furthermore, the applicant intended to undertake "low level VET courses" and had spent a significant period in Australia. The Tribunal concluded that, on balance, these circumstances indicated that the applicant did not genuinely intend to stay in Australia temporarily. Consequently, the Tribunal affirmed the decision not to grant the visa.