Singh (Migration)

This matter concerned an appeal by an applicant from India against a decision to refuse a Subclass 500 (Student) visa. The applicant had arrived in Australia in September 2014 and had undertaken a series of courses, including English for Academic Purposes, a Master of Business Administration (which was not completed), Certificate III and IV in Commercial Cookery, a Diploma in Hospitality, and was currently enrolled in a Bachelor of Business (Management) course due to be completed in December 2020. The visa delegate had refused the application on the basis that the applicant did not meet the genuine temporary entrant (GTE) criterion.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay in Australia temporarily, as required by clause 500.212(a) of Schedule 2 to the Migration Regulations 1994. This assessment required the Tribunal to consider the applicant's circumstances in India, his immigration history, his potential circumstances in Australia, the value of his chosen course to his future, and any other relevant information, in accordance with Direction No. 69. The Tribunal was also required to consider whether the applicant intended to comply with the conditions of the visa.

The Tribunal accepted the applicant's evidence regarding his completed studies and current enrolment, as well as his stated intention to depart Australia upon completion of his Bachelor of Business (Management) course to return to India to support his single mother and pursue a career in the restaurant business. The Tribunal found that the applicant met the genuine temporary entrant criterion. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant satisfied the genuine temporary entrant criterion.