Prasad (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a Subclass 500 (Student) visa application made by the applicant, who had returned to India due to the COVID-19 pandemic and reported health issues. The Tribunal considered evidence relating to the applicant's study history, course progress, and financial circumstances, as well as information provided in response to a request under s 359(2) of the Migration Act 1958.

The legal issues before the Tribunal included whether the applicant had satisfied the criteria for a Subclass 500 (Student) visa, particularly in light of their study history, the impact of health problems, and the provision of an updated Confirmation of Enrolment (CoE). The Tribunal also had regard to Direction No. 69, which provides guidance on assessing the genuine temporary entrant criterion for student visa applications.

The Tribunal found that the applicant had generally studied consistently since the delegate's decision in December 2017 and had completed a Diploma of Business and an Advanced Diploma of Business, with approximately one year remaining to complete a Bachelor of Tourism and Hospitality Management. The Tribunal noted that an updated CoE indicated the course was expected to conclude in July 2021, adjusted due to a reduction in credit for previous study. While the applicant expressed a hope to finish earlier, the available evidence suggested a July 2021 completion date. The Tribunal accepted the applicant's evidence regarding health issues that affected their study progression and their intention to return to India to open a hotel restaurant, supported by their father's financial capacity, although corroborating evidence for the father's involvement was unavailable due to COVID-19 restrictions.

The Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the first applicant met the criteria under cl. 500.212 of Schedule 2 to the Migration Regulations 1994 for a Subclass 500 (Student) visa.