Khadka (Migration)

This matter concerned an appeal by Mr. Khadka against a decision of the Administrative Appeals Tribunal (AAT) regarding his application for a Subclass 500 (Student) visa. The core of the dispute revolved around whether Mr. Khadka met the criterion of being a "genuine applicant for entry and stay as a student" under clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The AAT was required to determine whether Mr. Khadka genuinely intended to stay in Australia temporarily for the purpose of study, and whether he intended to comply with the conditions of the visa. In making this assessment, the Tribunal was bound to consider Direction No 69, which outlines various factors to be taken into account, including the applicant's circumstances in their home country and in Australia, the value of the proposed course to their future, their immigration history, and any other relevant information.

The Tribunal noted that Mr. Khadka, a citizen of Nepal, had been residing in Australia since 2018 and had completed a Bachelor of Digital Design and a Certificate IV in Work Health and Safety, and was currently undertaking a Certificate III in Carpentry. The Tribunal concluded that the matter should be remitted for reconsideration, indicating that the assessment of Mr. Khadka's genuine temporary entrant status required further examination in light of all relevant factors.