Rajliwal (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Rajliwal, an Indian citizen applying for a Subclass 500 (Student) visa. The dispute arose when the delegate refused to grant the visa, and Mr Rajliwal sought review of this decision by the Tribunal. The core of the matter concerned whether Mr Rajliwal met the genuine temporary entrant (GTE) criterion for the visa.

The Tribunal was required to determine whether Mr Rajliwal genuinely intended to stay in Australia temporarily, having regard to his circumstances, immigration history, and any other relevant matters, as guided by Direction No. 69. Specifically, the Tribunal had to assess the weight to be given to Mr Rajliwal's stated intention to study a Diploma and Advanced Diploma of Leadership and Management, his previous study history, his return to India during the COVID-19 pandemic due to border closures, and the limited updated information provided to the Tribunal.

In its reasoning, the Tribunal acknowledged its obligation to consider Direction No. 69, which provides guidance on assessing the GTE criterion. However, it also recognised its role as an independent statutory body to reach its own conclusions on the merits of the case, referencing previous Federal Circuit Court decisions on the proper approach to such guidelines. The Tribunal noted that Mr Rajliwal had not completed a requested questionnaire, resulting in limited current information. It considered his immigration history, including multiple returns to India since 2014, and his current residence in India due to COVID-19 restrictions. The Tribunal also had regard to his proposed course of study, which was for lower-level vocational qualifications, and his future business plans.

Ultimately, the Tribunal found that the criteria for the grant of a Subclass 500 (Student) visa were not met. Consequently, the Tribunal affirmed the decision not to grant the visa.