Chen (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Chen, who sought review of a decision to refuse a Student (Temporary) (Class TU) visa, subclass 500. The applicant's visa application was refused because the delegate was not satisfied that the applicant was a genuine temporary entrant. A key factor in this assessment was the applicant's enrolment status at the time of the delegate's decision.

The Tribunal was required to determine whether the applicant met the criteria for a Student (Temporary) visa, specifically whether they were a genuine temporary entrant. This involved assessing whether the applicant intended to reside temporarily in Australia and whether their intention to study in Australia was genuine, considering their circumstances at the time of the decision.

In its reasoning, the Tribunal noted that a crucial element for a Student visa is that the applicant must be enrolled in a course of study at the time the visa decision is made. As the applicant was not enrolled in a course of study at the time of the delegate's decision, this criterion was not met. The Tribunal affirmed the delegate's decision, finding that the applicant had not satisfied the requirements for the grant of a Student (Temporary) visa.