Kharod (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision to refuse their visa application, with the central issue being whether the applicant was 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, as guided by 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, including previous visa applications and travel to Australia or other countries.

The Tribunal found that the applicant met the criteria for being a genuine temporary entrant under clause 500.212. However, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister to consider the remaining criteria for the visa. The Tribunal directed that the applicant meets the genuine temporary entrant criterion.