Sandikci (Migration)

This matter concerned a review of a decision by the Administrative Appeals Tribunal (AAT) concerning a Student (Temporary) (Class TU) visa, Subclass 500. The applicant, Mr. Sandikci, sought to have his visa application reconsidered. The AAT had previously cancelled his visa as a consequence of his wife's visa cancellation.

The primary legal issue before the court was whether Mr. Sandikci met the genuine temporary entrant (GTE) criterion, specifically clause 500.212(c) of the Migration Regulations 1994. This required the Tribunal to be satisfied that he was a genuine applicant for entry and stay as a student, considering various factors including his intentions to return to his home country, family ties, career prospects, and economic position.

The court found that the Tribunal had erred in its assessment of the GTE criterion. While acknowledging Mr. Sandikci's history of visa applications and the cancellation of his wife's visa, the court considered the evidence presented regarding his commitment to completing his Bachelor of Business degree, his desire to return to Turkey to establish a career, and his family ties. The court was satisfied that Mr. Sandikci was a genuine applicant for entry and stay as a student.

Consequently, the court remitted Mr. Sandikci's application for the Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that he met the GTE criterion. The Tribunal's jurisdiction in relation to the second and third named applicants was not considered.