Gurpreet Singh (Migration)

The applicant, Gurpreet Singh, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of his Student (Temporary) (Class TU) visa, subclass 500. The AAT's decision was based on the applicant's failure to respond to a section 359(2) invitation to provide information or evidence, which consequently meant he was not entitled to appear before the Tribunal. The core of the dispute revolved around whether the applicant had provided sufficient evidence of his enrolment in a course of study to satisfy the visa requirements.

The primary legal issue before the court was whether the AAT had erred in law by affirming the delegate's decision to refuse the visa, specifically in relation to the applicant's enrolment status. This involved considering whether the AAT had correctly applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) concerning the requirements for a Student visa and the procedural fairness obligations of the Tribunal.

The court found that the applicant had failed to provide satisfactory evidence of his enrolment in a course of study, which was a mandatory requirement for the subclass 500 visa. The AAT had correctly noted that the applicant did not respond to the invitation issued under section 359(2) of the *Migration Act 1958* to provide this crucial information. Consequently, the Tribunal was not obliged to grant the applicant an opportunity to appear before it, and its decision to affirm the delegate's refusal was not affected by any error of law.