SENTOSA (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant had completed several courses in Australia, including a Foundation Studies course, a Bachelor of Science (Space Science and Astrophysics), and vocational qualifications in Commercial Cookery and Hospitality Management. The applicant also intended to commence a Bachelor of Business in Hospitality and Tourism Management. The delegate's decision had focused on whether the applicant met the criteria for being a genuine temporary entrant, as set out in clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant satisfied clause 500.212 of the Regulations, which mandates that an applicant must be a genuine applicant for entry and stay as a student. This involves assessing whether the applicant genuinely intends to stay in Australia temporarily, considering their circumstances, immigration history, and any other relevant matters, as guided by Direction No. 69. The Direction 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 to their future, and their immigration history.

In its reasoning, the Tribunal acknowledged the applicant's extensive study history in Australia, including the completion of multiple courses and their intention to undertake further study. The Tribunal also noted the applicant's immigration history, which included periods of travel outside Australia and employment within the country. Having considered the provided evidence, including academic transcripts, confirmations of enrolment, statutory declarations, and employer statements, the Tribunal concluded that the applicant met the genuine temporary entrant criterion.

Consequently, the Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration. The direction was that the applicant satisfied clause 500.212 of Schedule 2 to the Regulations, allowing for the assessment of the remaining visa criteria.