Maharjan (Migration)

The Administrative Appeals Tribunal considered the case of Mr. and Mrs. Maharjan, who sought review of a decision to refuse them Student (Temporary) (Class TU) visas. The primary applicant, Mrs. Maharjan, is a citizen of Nepal who had been in Australia since 2008, with her spouse being a secondary applicant. The core of the dispute revolved around whether Mrs. Maharjan genuinely intended to stay in Australia temporarily as a student, as required by the criteria for a Subclass 500 (Student) visa.

The Tribunal was required to determine if the applicant met the criteria for a genuine temporary entrant under clause 500.212 of the Regulations. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily, considering her personal circumstances and immigration history, and whether she intended to comply with the visa conditions. The Tribunal also had to consider any other relevant matters.

In reaching its decision, the Tribunal noted that the applicant had been in Australia for approximately 10 years, with her spouse also onshore for a similar period and having travelled overseas for only a cumulative total of 10 weeks. The applicant had completed multiple courses, including a Diploma of Leadership and Management, and at the time of the hearing, was enrolled in an Advanced Diploma of Leadership and Management, having enrolled only a few days prior to the hearing. The Tribunal considered the applicant's extensive study history and the fact that she had not been outside Australia for any significant period. These factors, combined with the applicant's established ties in Australia, led the Tribunal to conclude that she did not genuinely intend to stay in Australia temporarily.

Consequently, the Tribunal affirmed the decision not to grant the applicants Student (Temporary) (Class TU) visas. As the primary applicant did not meet the visa criteria, the dependent applicant also failed to satisfy the relevant criteria, leading to the affirmation of the refusal decision for both applicants.