POUDEL (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision concerning their eligibility for the visa, specifically whether they met the genuine temporary entrant criterion.

The primary 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 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 in Australia, the value of the proposed course to their future, and their immigration history.

The Tribunal noted that the applicant had enrolled in a course at a lower level than a previous one, despite considerable expenditure of time and money. While the applicant indicated general plans to return to Nepal and work there, and had family ties in Nepal, the Tribunal found that the matter should be remitted for reconsideration. The Tribunal directed that the applicant met the genuine temporary entrant criterion, and the application was to be reconsidered by the Minister for the remaining visa criteria.