Viga Da Silveira (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Viga Da Silveira concerning an application for a Subclass 500 (Student) visa. The core dispute revolved around whether the applicant was a genuine applicant for entry and stay as a student, and whether she genuinely intended to stay in Australia temporarily.

The Tribunal was required to determine if the applicant satisfied the criteria for a genuine temporary entrant, as stipulated in clause 500.212 of Schedule 2 to the Migration Regulations 1994. This involved assessing the applicant's circumstances in her home country, her immigration history, and any other relevant matters, in accordance with Direction No. 108 issued under section 499 of the Migration Act 1958.

In its reasoning, the Tribunal noted that the applicant had provided evidence of her background in law and business in Brazil, and that she had significant family ties remaining in her home country, including a father living alone. The applicant also stated an intention to return to Brazil to be with her father and to continue running a business. The Tribunal found that the applicant met the criteria under clause 500.212(a) of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant satisfied the genuine temporary entrant criterion.