Netkallu Nagaraju (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by an applicant from India. The central dispute revolved around whether the applicant met the genuine temporary entrant (GTE) criterion. The decision was made by M. Edgoose.

The legal issue before the Tribunal was whether the applicant genuinely intended to stay in Australia temporarily, as required by clause 500.212 of Schedule 2 to the Regulations. This required the Tribunal to consider the applicant's circumstances, immigration history, and any other relevant matters, in accordance with Direction No. 69, which provides guidance on assessing the GTE criterion.

The Tribunal noted the applicant's extensive immigration history in Australia since 2005, during which he completed a Graduate Diploma, a Master's degree, and a series of Vocational Education and Training (VET) courses. The applicant stated he was in the final weeks of completing a Diploma of Printing and Graphic Arts, due to conclude on 16 September 2018, and intended to return to India thereafter to establish an online clothing business. Evidence of a booked return flight to India for 24 October 2018 and a letter confirming the need to break his lease was provided and accepted by the Tribunal. Despite the applicant's long period of study, the Tribunal found that the applicant met the GTE criterion. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant satisfied clause 500.212.