Khadka (Migration)

The Administrative Appeals Tribunal considered whether to affirm a decision not to grant a Subclass 500 (Student) visa to the applicant. The dispute centred on whether the applicant satisfied the public interest criteria, specifically PIC 4013, as required by Schedule 2 of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the criteria under cl.500.217, which mandates satisfaction of specified public interest criteria, including PIC 4013. This involved assessing whether the applicant was affected by a risk factor under PIC 4013, and if so, whether the application was made more than three years after a previous visa cancellation, or if compelling circumstances justified granting the visa within that three-year period.

The Tribunal found that the applicant was affected by a risk factor under PIC 4013 because their previous Student visa was cancelled on 29 November 2017 under s.116(1)(b) for failing to maintain enrolment. The current visa application was made on 17 November 2017, which was less than three years after the cancellation. The applicant did not present evidence of compelling circumstances affecting Australia's interests or compassionate or compelling circumstances affecting an Australian citizen, permanent resident, or eligible New Zealand citizen that would justify granting the visa within the three-year period.

Consequently, the Tribunal concluded that the applicant did not satisfy the criteria in cl.500.217. The Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.