Suurhans (Migration)

This matter concerned an appeal by the applicant, Mr Suurhans, against the refusal of his Subclass 500 (Student) visa. The primary issue before the Tribunal was whether Mr Suurhans met the criteria for a genuine temporary entrant under clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if Mr Suurhans genuinely intended to stay in Australia temporarily and if he intended to comply with the conditions of the visa. In making this determination, the Tribunal was mandated to consider Direction No. 69, which outlines specific factors to be taken into account when assessing the genuine temporary entrant criterion. These factors include the applicant's circumstances in their home country and potential circumstances in Australia, the value of the proposed course of study to their future, their immigration history, and any other relevant information.

The Tribunal noted that Direction No. 69 is not a checklist but a guide for considering the applicant's circumstances holistically. The applicant, born in 1987, applied for the visa in September 2019, having first arrived in Australia in November 2012. He had completed high school in 2006 and worked in his home country until 2008 before his initial arrival in Australia. The Tribunal concluded that the matter should be remitted for reconsideration, indicating that the assessment of the genuine temporary entrant criterion required further examination.