Solanki (Migration)

The Administrative Appeals Tribunal considered the case of Mr Solanki, an applicant for a Subclass 500 (Student) visa. The dispute concerned whether Mr Solanki met the criteria for a genuine temporary entrant, as required by the *Migration Regulations 1994* (Cth).

The Tribunal was required to determine whether Mr Solanki genuinely intended to stay in Australia temporarily, as stipulated by clause 500.212(a) of Schedule 2 to the Regulations. This assessment involved considering various factors outlined in Direction No. 69, which guides decision-makers on assessing the genuine temporary entrant criterion for student visas.

In reaching its decision, the Tribunal had regard to Mr Solanki's circumstances, including his immigration history and his stated intentions. Despite arriving in Australia in 2015 and having family in India, Mr Solanki had not returned to his home country since his arrival. The Tribunal found this lack of return, coupled with his age and lack of family in Australia, suggested he may not have a significant incentive to return to India, thereby casting doubt on his genuine temporary entrant status. The Tribunal affirmed the decision under review.