Acharya (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking review of a decision not to grant them a Subclass 500 (Student) visa. The core of the dispute revolved around whether the applicant met the criteria for a genuine temporary entrant.

The Tribunal was required to determine if the applicant had provided sufficient current information or evidence of current enrolment to satisfy the genuine temporary entrant requirement for the Subclass 500 visa. The Tribunal also considered the applicant's failure to respond to an invitation to comment on the lack of information.

The Tribunal found that the applicant had not provided the necessary current information or evidence of enrolment. In the absence of a response to the invitation to comment, the Tribunal concluded that the criteria for the visa grant were not met. Consequently, the Tribunal affirmed the original decision to refuse the visa.