SHRESTHA (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Ms Shrestha for a Student (Temporary) (Class TU) visa, subclass 500. The delegate of the Minister had refused to grant the visa, a decision that Ms Shrestha sought to have reviewed by the AAT. The primary dispute concerned whether Ms Shrestha met the genuine temporary entrant (GTE) criterion for the visa.

The AAT was required to determine whether Ms Shrestha genuinely intended to stay in Australia temporarily for the purpose of obtaining a qualification, and whether she intended to depart Australia at the end of her authorised stay. This involved assessing whether the information provided by Ms Shrestha in her application was truthful and whether she was currently enrolled in a registered course of study, as evidenced by a Confirmation of Enrolment.

In reaching its decision, the Tribunal noted that Ms Shrestha had provided false information regarding her previous study in Australia. Crucially, at the time of the AAT hearing, Ms Shrestha was not enrolled in any registered course of study and therefore did not have a current Confirmation of Enrolment. The Tribunal found that these factors weighed heavily against her meeting the GTE criterion, as they indicated a lack of genuine intention to pursue studies in Australia and a failure to comply with the requirements of the visa subclass.

Consequently, the Tribunal affirmed the delegate's decision to refuse the visa application.