Chua (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr. Chua for a Student (Temporary) (Class TU) visa, subclass 500. The visa delegate had previously refused to grant the visa on the grounds that Mr. Chua did not meet the genuine temporary entrant criterion, specifically that he was not a genuine student intending to stay in Australia temporarily. The AAT's review focused on whether Mr. Chua met the enrolment requirements for a student visa at the time of the Tribunal's decision.

The central legal issue before the AAT was whether Mr. Chua was enrolled in a course of study as required by clause 500.211 of Schedule 2 to the Migration Regulations at the time of the Tribunal's decision. This clause mandates that an applicant must be enrolled in a course of study for the grant of a student visa. The Tribunal had invited Mr. Chua to provide evidence of his enrolment in a full-time registered course at least seven days prior to the hearing, but this evidence was not provided.

During the hearing, Mr. Chua gave sworn evidence that he was last enrolled in a human resources course from September to October 2017 and was not currently studying or enrolled in any course, although he expressed a desire to continue studying. He also provided evidence that he had been advised by agents that he only needed to pay tuition fees and not attend classes. His responses to a questionnaire also confirmed he did not have a current confirmation of enrolment in a registered course of study. Based on this evidence, the Tribunal was not satisfied that Mr. Chua met the enrolment requirement under clause 500.211. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.