Mulyani (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by Ms Mulyani. The central issue before the Tribunal was whether Ms Mulyani was a genuine applicant for entry and stay as a student, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994. This criterion requires the applicant to genuinely intend to stay in Australia temporarily, having regard to their circumstances, immigration history, and any other relevant matters.

In assessing the genuine temporary entrant criterion, the Tribunal was guided by Direction No. 69, which outlines various factors to be considered. These factors include the applicant's circumstances in their home country and potential circumstances in Australia, the value of the proposed course of study to the applicant's future, and their immigration history. The Direction emphasizes that these factors should not be treated as a checklist but rather as a guide to considering the applicant's circumstances holistically. The Tribunal noted that Ms Mulyani had completed a Bachelor of Laws in 2014 and had a varied employment history between 2012 and 2016, including roles as a clerk, cashier, volunteer religious teacher, and in sales and marketing.

The Tribunal concluded that the matter should be remitted for reconsideration. It directed that Ms Mulyani met the genuine temporary entrant criterion (cl.500.212) for the Subclass 500 (Student) visa. The Tribunal's decision to remit indicates that while the genuine temporary entrant criterion was satisfied, other criteria for the visa may not have been fully assessed or determined.