Erkilic (Migration)

The Administrative Appeals Tribunal considered an application for review by Mr Erkilic concerning the refusal of a Student (Temporary) (Class TU) visa, subclass 500. The delegate's decision to refuse the visa was under review.

The primary legal issue before the Tribunal was whether Mr Erkilic satisfied the criteria for a Subclass 500 visa, specifically the requirement under clause 500.211 of Schedule 2 to the Regulations that an applicant be enrolled in a course of study.

The Tribunal noted that the delegate's decision record was provided, but crucially, the Tribunal did not have before it recent evidence demonstrating that Mr Erkilic was presently enrolled in a course of study. As this criterion was not satisfied, the Tribunal was not satisfied that Mr Erkilic met the requirements for the visa. Consequently, the Tribunal affirmed the delegate's decision not to grant the visa.