Pokharel Ghimire (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant, a 39-year-old Nepalese national, sought to undertake a Certificate III in Hairdressing followed by a Diploma of Salon Management. The AAT was required to determine whether the applicant was a genuine applicant for entry and stay as a student, as stipulated by clause 500.212 of Schedule 2 to the Migration Regulations 1994.

In assessing the genuine temporary entrant criterion, the Tribunal was guided by Direction No. 69, which mandates consideration of various factors including the applicant's circumstances in their home country and potential circumstances in Australia, the value of the proposed course to the applicant's future, and their immigration history. The Tribunal noted that the applicant's proposed course of study, a Certificate III in Hairdressing and a Diploma of Salon Management, appeared inconsistent with her current level of education and age, and that the economic circumstances in Nepal might present a significant incentive for her not to return. Furthermore, the length of time the applicant had already spent in Australia since her initial arrival on a Visitor visa was also a relevant consideration.

The Tribunal concluded that the applicant had not satisfied the criteria for the grant of a Subclass 500 (Student) visa. The decision under review, which refused the visa, was therefore affirmed.