Duwadi (Migration)

The Administrative Appeals Tribunal considered the applications of two individuals for Student (Temporary) (Class TU) visas, subclass 500. The primary dispute concerned whether the second applicant met the criteria for the visa, particularly the genuine temporary entrant requirement, and whether she was entitled to present evidence of her enrolment status to the Tribunal.

The Tribunal was required to determine two key issues: first, whether the second applicant was entitled to appear before the Tribunal given that no response was provided to a section 359(2) invitation; and second, whether the second applicant satisfied the criteria for the Student visa, specifically the genuine temporary entrant requirement, which included having evidence of enrolment at the time of the decision.

The Tribunal found that as no response was provided to the section 359(2) invitation, the second applicant was not entitled to appear before it. Furthermore, the Tribunal concluded that the second applicant had not provided evidence of her enrolment at the time of the decision, and therefore had not satisfied the criteria for the visa. Consequently, the Tribunal affirmed the decisions not to grant the applicants the visas.