CHEN (Migration)

The applicant, Chen, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm a refusal to grant a Student (Temporary) (Class TU) Subclass 500 visa. The Administrative Appeals Tribunal had previously affirmed the delegate's decision to refuse the visa. The matter came before Creedon J of the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Tribunal had erred in law in affirming the delegate's decision that the applicant was not a genuine applicant for entry. This involved considering whether the Tribunal had properly assessed the applicant's circumstances, particularly in relation to their enrolment in a course of study and the possession of a current Confirmation of Enrolment (COE).

Creedon J found that the Tribunal had not erred in law. The Tribunal had correctly identified that the applicant did not have a current COE and was not enrolled in a course of study at the time of the decision. The Tribunal's reasoning, which focused on the lack of a genuine intention to study as evidenced by these factors, was found to be sound and based on the available evidence. The Court affirmed the Tribunal's conclusion that the applicant had failed to satisfy the requirements of the visa.