Ruiz De Arbulo Bartolome (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision concerning their eligibility for the visa, specifically whether they met the criteria of being a genuine temporary entrant.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay in Australia temporarily, as required by clause 500.212(a) of Schedule 2 to the Migration Regulations 1994. This assessment was to be conducted in accordance with Direction No. 69, which outlines various factors to be considered, including the applicant's circumstances in their home country and potential circumstances in Australia, the value of the proposed course of study to the applicant's future, and their immigration history.

The Tribunal noted that it had provided the applicant with their enrolment records from the Provider Registration International Student Management System (PRISMS) and explained the relevance of this information to the review. The applicant was given an opportunity to respond to this information during the hearing. The Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with a direction that the applicant meets the genuine temporary entrant criterion.