Yadar (Migration)

The Administrative Appeals Tribunal (AAT) reviewed a decision concerning a Subclass 500 (Student) visa application made by a 22-year-old female citizen of Pakistan. The applicant had previously entered Australia on tourist visas and applied for the student visa nine days before her last tourist visa expired. The application was for a Diploma of Business Management and a Bachelor of Professional Accounting.

The primary legal issue before the Tribunal was whether the applicant met the "genuine temporary entrant" criterion for the student visa, as guided by Direction No. 69 issued by the Minister under section 499 of the Migration Act 1958. This criterion requires an assessment of the applicant's circumstances, immigration history, and any other relevant matters to determine if they genuinely intend to stay in Australia temporarily.

The Tribunal considered the applicant's academic background in Pakistan, her commitment to her studies, and her personal circumstances. It noted that the applicant had commenced and progressed significantly in her chosen courses in Australia, despite a delay due to necessary dental treatment in Pakistan. The Tribunal found that the applicant had applied herself to her studies and made good academic progress, which was to her credit. It also acknowledged the applicant's stated intention to return to Pakistan and her financial support from her family.

Given its findings regarding the applicant's academic progress and circumstances, the Tribunal remitted the visa application to the Minister for reconsideration. The direction was that the applicant met the criteria under clause 500.212(a) of Schedule 2 to the Regulations, which pertains to the genuine temporary entrant requirement.