Nunna (Migration)

The Administrative Appeals Tribunal considered an application by Nunna for a Subclass 500 (Student) visa. The applicant, a 29-year-old from Thailand, sought to challenge a decision regarding his eligibility for the visa. The core of the dispute centred on whether the applicant met the criteria of being a genuine temporary entrant for study in Australia.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily for the purpose of study, as stipulated by the Migration Regulations 1994 and guided by Direction No. 69. This involved assessing various factors related to the applicant's circumstances in his home country and in Australia, the value of his proposed course of study to his future, and his immigration history.

The Tribunal noted that the applicant had provided evidence of his previous studies in Thailand, English language courses in Australia, and current enrolment in a Certificate IV in Business, with subsequent confirmations of enrolment for a Diploma and Advanced Diploma of Business. The applicant also presented a job offer from a Thai company contingent on his course completion in 2025, stating his manager encouraged him to study business to work with overseas clients. He indicated an intention to return to Thailand due to the COVID-19 pandemic preventing his earlier return. The Tribunal found that the applicant met criterion cl.500.212(a) of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant meets criterion cl.500.212(a).