Remidi (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant, an Indian male, had been in Australia since November 2013, holding a student visa and subsequently a temporary graduate visa. The core of the dispute was whether the applicant met the criteria of being a genuine temporary entrant (GTE) for the purpose of entering and remaining in Australia as a student.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, as stipulated by clause 500.212(a) of Schedule 2 to the Migration Regulations 1994. This assessment necessitated consideration of Direction No. 69, which outlines various factors to guide decision-makers in evaluating an applicant's circumstances, immigration history, and any other relevant matters to ascertain their genuine temporary entrant status.

In its reasoning, the Tribunal acknowledged that the applicant had resided in Australia for six years and had enrolled in three unrelated courses, with the most recent nursing course being of a lower academic level. While the applicant presented this as a genuine career change, the Tribunal found that the cumulative effect of these factors, particularly the extended period of study and the nature of the courses, warranted further scrutiny. Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant met the genuine temporary entrant criterion, but other criteria for the visa still needed to be assessed.