Peralta (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by a national of the Philippines concerning a Subclass 500 (Student) visa. The applicant, aged 37, had previously held a Visitor visa and subsequently applied for a Student visa to undertake a Graduate Certificate and Master of Accounting in Australia, with her visa intended to extend until June 2019. The core of the dispute revolved around whether the applicant genuinely intended to stay in Australia temporarily, as required by the visa criteria.

The legal issues before the Tribunal were whether the applicant met the primary criteria for a Subclass 500 visa, specifically clause 500.211 which requires enrolment in a full-time registered course, and clause 500.212, which mandates that the applicant be a genuine applicant for entry and stay as a student, intending to stay in Australia temporarily and comply with visa conditions. The Tribunal was required to assess the applicant's circumstances, immigration history, and any other relevant matters to determine her genuine temporary entrant status.

The Tribunal found that the applicant was a credible witness and that her oral evidence was consistent with her written submissions and provided documents. It was satisfied that the applicant met clause 500.211 as she had successfully completed her initial accounting courses and had subsequently enrolled in a Master of Business Administration program, providing evidence of payment and enrolment. The Tribunal also considered Direction No. 69, which provides guidance on assessing the genuine temporary entrant criterion. While the provided text does not detail the Tribunal's specific findings on all aspects of clause 500.212, it indicates that the Tribunal was satisfied that the applicant met this criterion.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met the criteria under clause 500.212 of Schedule 2 to the Migration Regulations 1994.