RAJESH KUMAR (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, made by Rajesh Kumar. The applicant sought judicial review of a decision made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, specifically the requirement under clause 500.212 of Schedule 2 to the Regulations that the applicant be a genuine applicant for entry and stay as a student. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily and intended to comply with visa conditions.

The Tribunal considered Direction No. 69, which outlines factors to be taken into account when assessing the genuine temporary entrant criterion. While the applicant provided a Confirmation of Enrolment (COE) for an Advanced Diploma of Accounting, the initial COE was cancelled when the education provider, VICAT, closed. The applicant subsequently provided a new COE for a course commencing on 9 July 2018. The Tribunal found that the applicant met the genuine temporary entrant criterion under clause 500.212.

Consequently, the Tribunal remitted the application for the Subclass 500 visa to the Minister for reconsideration, with a direction that the applicant had satisfied the genuine temporary entrant criteria.