Khadka (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Khadka for review of a decision to refuse his Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The primary issue before the Tribunal was whether Mr Khadka met the genuine temporary entrant (GTE) criterion for the visa.

The Tribunal was required to determine whether Mr Khadka genuinely intended to stay in Australia temporarily and whether he intended to comply with the conditions of his visa. Specifically, the Tribunal had to assess his intentions in light of his application for a permanent resident visa in the United States.

The Tribunal found that while Mr Khadka had a genuine intention to complete his studies in Australia, his application for a US permanent resident visa raised concerns about his genuine intention to comply with his Australian visa conditions in the future. However, the Tribunal also noted that the delegate's decision did not adequately consider all the evidence presented by Mr Khadka, including his reasons for applying for the US visa and his commitment to his Australian course. Consequently, the Tribunal remitted the decision to the delegate for reconsideration.