YULIYASTRAWAN (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by Yuliyastrawan. The dispute concerned whether the applicant met the criteria for a genuine applicant for entry and stay as a student, specifically whether he genuinely intended to stay in Australia temporarily.

The primary legal issue before the Tribunal was to determine if the applicant satisfied clause 500.212(a) of Schedule 2 to the Migration Regulations 1994. This clause requires that an applicant be a genuine applicant for entry and stay as a student, having regard to their circumstances, immigration history, and any other relevant matters. In assessing this criterion, the Tribunal was required to have regard to Direction No. 69, which provides guidance on factors to consider when assessing the genuine temporary entrant criterion.

The Tribunal noted that the applicant had been in Australia for five years and intended to study for a further seven years, which raised concerns about his genuine intention to remain temporarily. Furthermore, despite having a Bachelor's degree from Indonesia, he had only enrolled in vocational-level courses in Australia and had previously been a dependent on his wife's visa for a significant period. However, the Tribunal also considered information provided after the hearing, indicating the applicant had successfully completed a Certificate IV in Business and was enrolled in a Diploma of Leadership and Management, having completed two units. The Tribunal acknowledged the applicant's nervousness during the hearing and his difficulty in explaining his study intentions.

Ultimately, the Tribunal decided to remit the application for reconsideration. The Tribunal directed that the applicant met the criterion under clause 500.212(a) of Schedule 2 to the Regulations, meaning the application would be reconsidered by the Minister with this criterion satisfied.