Kishi (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by a Japanese citizen. The applicant had arrived in Australia in 2012 as a dependant on her then-partner's student visa. After her relationship with the primary visa holder ended, she undertook vocational study in early childhood education, intending to pursue a career in childcare. She also applied for a partner visa, which was later withdrawn following the breakdown of a subsequent relationship with an Australian citizen.

The Tribunal was required to determine whether the applicant met the genuine temporary entrant criterion for a Subclass 500 (Student) visa, as guided by Direction No. 69 issued by the Minister under section 499 of the Migration Act 1958. This Direction outlines factors to be considered when assessing an applicant's genuine intention to temporarily enter and remain in Australia, including the applicant's circumstances in their home country and in Australia, the value of the proposed course to their future, and their immigration history. The Tribunal noted that while bound to consider the Direction, it must reach its own independent conclusions on the merits of the case.

The Tribunal found that the applicant's circumstances, including her previous study and her stated intention to pursue a career in childcare, were relevant to the assessment of the genuine temporary entrant criterion. It also considered her immigration history, including previous visa applications and her time spent in Australia. The Tribunal concluded that the applicant met the criterion under clause 500.212(a) of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant meets the specified criteria for a Subclass 500 (Student) visa.