Shatskiy (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by Mr. Shatskiy. The central dispute concerned whether Mr. Shatskiy met the criteria for being a genuine temporary entrant, as required by the *Migration Regulations 1994* (Cth).

The Tribunal was required to determine if Mr. Shatskiy genuinely intended to stay in Australia temporarily as a student, and if he intended to comply with the conditions of the visa. In making this determination, the Tribunal had regard to Direction No. 69, which outlines factors to consider when assessing the genuine temporary entrant criterion, including the applicant's circumstances in their home country, potential circumstances in Australia, the value of the proposed course to their future, and their immigration history.

The Tribunal found that Mr. Shatskiy satisfied the genuine temporary entrant criterion under clause 500.212 of Schedule 2 to the Regulations. This conclusion was reached after considering the evidence presented regarding his financial and family circumstances in Russia, including bank account balances and property ownership. The Tribunal determined that the matter should be remitted for reconsideration by the Minister to assess the remaining criteria for the visa.