Thakkar (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by an applicant for a Subclass 500 (Student) visa. The applicant, who had arrived in Australia from India in 2014, sought to continue his studies in Australia, having enrolled in an Advanced Diploma of Leadership and Management. The core dispute revolved around whether the applicant genuinely intended to remain in Australia temporarily, as required by the criteria for a student visa.

The Tribunal was tasked with determining whether the applicant satisfied the genuine temporary entrant criterion under clause 500.212 of the Migration Regulations 1994. This assessment required the Tribunal to have regard to Ministerial Direction No. 69, which outlines various factors to consider, including the applicant's circumstances in their home country and in Australia, the value of the proposed course to the applicant's future, and their immigration history. The Tribunal was to consider these factors holistically, rather than as a checklist, to ascertain the applicant's genuine intention to stay in Australia temporarily.

The Tribunal noted that the applicant had completed several courses in Australia since 2014 and was currently enrolled in a diploma course due to finish in August 2021. While the applicant had family ties in India, including parents and an elder brother, and his family owned property there, he had not returned to India since his arrival. He was working part-time in Australia, as was his wife, to fund their studies and living expenses. The Tribunal found that the applicant's stated intention was to gain higher educational qualifications to improve his employment prospects in India. However, the Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant met the genuine temporary entrant criteria.