Shrestha (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the criteria for being a genuine temporary entrant, a requirement for the visa. The Tribunal was tasked with reviewing the decision to refuse the visa.

The legal issues before the Tribunal were whether the applicant was a genuine applicant for entry and stay as a student, and specifically, whether the applicant genuinely intended to stay in Australia temporarily. This assessment required the Tribunal to consider the applicant's circumstances in their home country and in Australia, their immigration history, and any other relevant matters, in accordance with Direction No. 108 issued under section 499 of the Migration Act 1958.

The Tribunal found that while the applicant had provided some reasons for choosing to study in Australia over his home country, these reasons were not sufficiently compelling to overcome concerns about his genuine temporary entrant status. The Tribunal noted that the applicant had already stayed in Australia for over seven years and was not satisfied that he had a legitimate career goal in Nepal that would incentivise his return. Consequently, the Tribunal concluded that the applicant did not satisfy the genuine temporary entrant criterion.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.