Koirala (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by the applicant, Ms Koirala. The dispute centred on whether Ms Koirala met the criteria for being a genuine temporary entrant for study in Australia, as required by the *Migration Regulations 1994* (Cth).

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, as stipulated by clause 500.212(a) of Schedule 2 to the Regulations. This assessment involved considering various factors outlined in Direction No. 69, including the applicant's circumstances in her home country and in Australia, her immigration history, and, as she was a minor, the intentions of her parent. The Tribunal also had to consider whether the applicant intended to comply with the visa conditions.

In reaching its decision, the Tribunal had regard to the applicant's arrival in Australia on a Visitor visa with her mother and brother. It noted that when applying for the visitor visa, the applicant's mother had declared an intention for a short holiday and that the family had no relatives or friends in Australia. The Tribunal considered these declarations in light of the applicant's subsequent application for a student visa, which suggested an intention to complete schooling and university in Australia. The Tribunal concluded that the applicant did not satisfy the criteria for a Subclass 500 (Student) visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.