Shrestha (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by Ms Shrestha. The applicant sought review of a decision to refuse her visa application.

The Tribunal was required to determine whether Ms Shrestha was a genuine applicant for entry and stay in Australia as a student, as required by clause 500.212 of the Migration Regulations 1994. This involved assessing whether she genuinely intended to stay in Australia temporarily, having regard to her circumstances, immigration history, and any other relevant matters.

The Tribunal found that Ms Shrestha had provided a truthful account of her difficulties, including issues with her initial educational institution, homesickness, mental health challenges exacerbated by the COVID-19 pandemic, and financial struggles impacting her parents' ability to support her studies. Despite these setbacks, she had secured casual employment, developed a positive outlook, and was now enrolled in a Certificate III and Diploma in Early Childhood Education and Care, a course consistent with her educational aspirations and her stated goal of opening a childcare centre in Nepal. The Tribunal considered Direction No. 108, which guides decision-makers in assessing the genuine temporary entrant criterion, and concluded that Ms Shrestha's circumstances, including the value of her chosen course to her future in her home country, supported her genuine intention to study temporarily in Australia.

The Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that Ms Shrestha met the genuine temporary entrant criterion for a Subclass 500 (Student) visa.