Nguyen (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision concerning their eligibility for the visa.

The central legal issue before the Tribunal was whether the applicant genuinely intended to stay in Australia temporarily, as required by clause 500.212(a) of Schedule 2 to the Migration Regulations 1994. This assessment was to be conducted in accordance with Direction No. 69, which outlines various factors to be considered, including the applicant's circumstances in their home country and Australia, their immigration history, and if a minor, the intentions of their parents or guardians.

The Tribunal noted that the applicant had provided documentation including a Statement of Purpose, visa application details, and a Confirmation of Enrolment for a Diploma of Hospitality Management. Crucially, the Tribunal also had regard to the birth certificate of a child born in Australia after the application for review was made. Given the emergence of this new factor, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister. The Tribunal directed that the applicants were to be considered to meet the criteria under cl.500.212(a) and cl.500.311 of Schedule 2 to the Regulations.