Dajti (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Subclass 500 (Student) visa. The applicant had not responded to an invitation issued under section 359(2) of the *Migration Act 1958* (Cth), which meant they were not entitled to appear before the Tribunal. The primary dispute concerned whether the applicant met the criteria for the visa, specifically the genuine temporary entrant requirement and their enrolment status.

The Tribunal was required to determine if the applicant had provided sufficient evidence of their enrolment at the time the decision under review was made. The central legal issue was whether the applicant had satisfied the criteria for the Subclass 500 visa, particularly in light of their failure to respond to the section 359(2) invitation and the absence of evidence regarding their enrolment status.

The Tribunal found that the applicant had not provided evidence of enrolment at the time of the decision. Consequently, the Tribunal concluded that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa. As the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the original decision.