Naynes (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought review of a delegate's decision to refuse their visa application. The primary issue before the Tribunal was whether the applicant met the criteria for being a genuine temporary entrant as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, having regard to their circumstances in their home country and in Australia, their immigration history, and any other relevant matters. This assessment was to be conducted in accordance with Direction No. 69, which provides guidance on factors to consider when assessing the genuine temporary entrant criterion. The Direction emphasizes that these factors should not be treated as a checklist but rather as a guide to considering the applicant's circumstances as a whole.

The Tribunal found that the applicant had provided evidence of their circumstances, including family and property in their home country and a business plan to open a bakery in the Philippines. However, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant meets the criteria for being a genuine temporary entrant under clause 500.212. The application was remitted to the Minister for consideration of the remaining criteria for the Subclass 500 (Student) visa.