Nandal (Migration)

The Administrative Appeals Tribunal considered the applications of the primary applicant and a secondary applicant for Student (Temporary) (Class TU) visas, subclass 500. The core dispute revolved around whether the primary applicant met the criteria for being a genuine temporary entrant to Australia as a student, as required by clause 500.212 of Schedule 2 to the Regulations.

The legal issues before the Tribunal were whether the primary applicant genuinely intended to stay in Australia temporarily, and whether she intended to comply with the conditions of the visa. In assessing these issues, the Tribunal was required to have regard to Direction No. 69, which outlines factors to consider when assessing the genuine temporary entrant criterion, including the applicant's circumstances in her home country and Australia, her immigration history, and the value of the course to her future.

The Tribunal found that the primary applicant, who arrived in Australia in 2013, had a protracted study history spanning over five years, involving shifts from Information Technology to Commercial Cookery, Business, Management, and Hospitality courses. Despite the applicant's stated intention to use her qualifications for employment in a hotel and to establish a restaurant and sweet shop in India, the Tribunal considered her extensive and varied study path to be a significant factor. The Tribunal concluded that the applicant did not meet the essential requirement of being a genuine temporary entrant. Consequently, the Tribunal affirmed the decisions not to grant the applicants the Student (Temporary) (Class TU) visas.