1935554 (Migration)

The applicant sought judicial review of a decision by the Minister to refuse to grant a Student (Temporary) (Class TU) visa, subclass 500 (Student). The applicant had applied for this visa, which requires the applicant to be a genuine temporary entrant and to be enrolled in an approved course of study. The Minister's delegate had refused the visa application on the grounds that the applicant was not a genuine temporary entrant and had not provided evidence of enrolment in an approved course of study.

The primary legal issue before the court was whether the delegate's decision to refuse the visa was affected by jurisdictional error. This involved determining whether the delegate had properly considered the evidence before them, including information from the PRISMS record, and whether the delegate had afforded the applicant procedural fairness, particularly in relation to an invitation issued under section 359A of the *Migration Act 1958* (Cth) for the applicant to provide further information.

Justice Judd found that the delegate had not erred. The delegate had considered the available information, including the absence of any record of enrolment in PRISMS, and had given the applicant an opportunity to respond to concerns about their enrolment status. The applicant's failure to provide a satisfactory response to the section 359A invitation meant that the delegate was entitled to conclude that the applicant had not demonstrated they were enrolled in an approved course of study, a crucial requirement for the visa. The court affirmed the delegate's decision.