Ghouri (Migration)

The Administrative Appeals Tribunal considered an application for review by Mr Ghouri concerning the refusal of a Student (Temporary) (Class TU) visa, subclass 500 (Student). The core of the dispute was whether Mr Ghouri met the visa criteria, particularly regarding his enrolment in a course of study.

The Tribunal was required to determine if Mr Ghouri satisfied the primary criteria for a Subclass 500 visa, as set out in Schedule 2 of the Regulations. Specifically, the Tribunal had to assess whether Mr Ghouri was enrolled in a course of study, as stipulated by clause 500.211(a).

The Tribunal reasoned that while it had access to the Department's file and the delegate's decision record, it lacked evidence of current enrolment. Without this crucial information, the Tribunal was not satisfied that Mr Ghouri met the requirement of being enrolled in a course of study. As Mr Ghouri did not claim to meet any alternative criteria or apply for a different visa subclass, the Tribunal affirmed the original decision not to grant the visa.