Chong (Migration)

The applicant, Chong, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of his Student (Temporary) (Class TU) visa, subclass 500. The AAT had affirmed the delegate's decision to refuse the visa on the grounds that the applicant was not a genuine temporary entrant and was not enrolled in a course of study at the time of the decision.

The primary legal issues before the Federal Circuit and Family Court of Australia were whether the Tribunal erred in: (1) failing to provide the applicant with a further opportunity to respond to adverse information pursuant to section 359(2) of the *Migration Act 1958* (Cth) before affirming the refusal decision; and (2) finding that the applicant was not a genuine temporary entrant, specifically in relation to his enrolment status.

The Court found that the applicant had been provided with an invitation under section 359(2) of the *Migration Act* to respond to adverse information, and that he had failed to do so. Consequently, the Tribunal was not obliged to provide a further invitation. Regarding the genuine temporary entrant criterion, the Court held that the Tribunal was entitled to find that the applicant was not a genuine temporary entrant, as he was not enrolled in a course of study at the time the delegate made the decision to refuse the visa. The Tribunal's reasoning on this point was found to be sound and based on the evidence before it.

The application for judicial review was dismissed.