refusal of visa affirmed by Administrative Appeals Tribunal
Quick Take
1A Tribunal assessing the genuine temporary entrant criterion under cl 500.212 and Ministerial Direction No 69 is not required to set out each and every matter in the Direction; it suffices that the relevant considerations are addressed in substance.
2A finding that an applicant's existing qualifications are sufficient for employment in their home country is not legally unreasonable where it is supported by evidence of completed courses and the applicant's own oral concession, even if the applicant contends further study would improve confidence.
3Where a Tribunal records a factual gap in evidence (here, a period of non-enrolment) but makes no adverse finding based on it, and the core reasoning rests on other established facts, any error relating to that gap is not material in the LPDT sense.
