Khanal (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by the applicant. The central issue before the Tribunal was whether the applicant met the criteria for being a genuine temporary entrant, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, having regard to their circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 69. This Direction outlines various factors to be considered, including the applicant's circumstances in their home country and potential circumstances in Australia, the value of the proposed course to the applicant's future, and their immigration history.

In its reasoning, the Tribunal acknowledged that the applicant had arrived in Australia on a tourist visa and subsequently enrolled in a course at a lower level and in a different subject area than their previous studies. The Tribunal also noted that the applicant was close to completing their current course and had family in both Australia and their home country, alongside future business plans. The Tribunal found that these factors were closely balanced. Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister, directing that the applicant met the genuine temporary entrant criterion.