Kim (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, brought by the applicant, Kim. The core dispute revolved around whether the applicant met the 'genuine temporary entrant' criterion, a requirement for the visa. The decision was made by David Barker, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant genuinely intended to stay in Australia temporarily, as required by cl.500.212(a) of Schedule 2 to the Regulations, and whether she intended to comply with the conditions of the visa, as stipulated in cl.500.212(b). In assessing these issues, the Tribunal was required to have regard to Direction No. 69, which outlines specific factors to consider when evaluating the genuine temporary entrant criterion, including the applicant's circumstances in their home country and Australia, the value of the course to their future, and their immigration history.

The Tribunal found the applicant to be a credible witness whose oral evidence was consistent with the documentary evidence provided, including an interim academic transcript from Western Sydney University demonstrating successful completion of academic terms for a Bachelor of Nursing degree. The Tribunal was satisfied that weight could be placed on the applicant's evidence.

Consequently, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa to the Minister for reconsideration, with a direction that the applicant meets the criteria under cl.500.212 of Schedule 2 to the Regulations.