Raymundo (Migration)

The Administrative Appeals Tribunal considered the application of Ms Raymundo for a Subclass 500 (Student) visa. The core of the dispute concerned whether Ms Raymundo met the genuine temporary entrant (GTE) requirement for the visa. Ms Raymundo had previously entered Australia on a visitor visa and her academic progress was a factor in the assessment. The COVID-19 pandemic and associated border closures, as well as her family ties in her home country, were also relevant considerations.

The Tribunal was required to determine whether Ms Raymundo satisfied the GTE criterion, specifically cl 500.212 of Schedule 2 to the Regulations. This involved assessing whether she genuinely intended to stay in Australia temporarily for the purpose of study and whether her circumstances indicated that she would depart Australia at the end of her lawful stay.

The Tribunal's decision was influenced by new evidence presented by the applicant. Having considered this evidence, the Tribunal concluded that Ms Raymundo met the GTE criterion. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be found to meet the relevant criteria for the Subclass 500 visa.