Shrestha (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant, Ms Shrestha, sought review of a decision to refuse her visa. The central issue concerned whether Ms Shrestha met the genuine temporary entrant (GTE) requirement for the visa.

The Tribunal was required to determine whether Ms Shrestha genuinely intended to stay in Australia temporarily and whether her intention to return to her home country was genuine. This involved assessing various factors, including her age, the duration of her proposed stay, her academic progression, the value of the proposed course to her future, and her ties to her home country.

The Tribunal's reasoning focused on the evidence presented, particularly new evidence that had become available. It considered Ms Shrestha's long period of study from a young age, her academic progress, and the fact that she was nearing completion of her course. Crucially, the Tribunal noted an offer of employment in her home country that was conditional on her completing her studies. The Tribunal also took into account her family ties. Based on this comprehensive assessment, the Tribunal was satisfied that Ms Shrestha met the GTE criterion.

Consequently, the Tribunal remitted the application for reconsideration, directing that Ms Shrestha be found to meet the criteria under cl 500.212 of Schedule 2 to the Regulations.