Haider (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, subclass 500, made by Mr. Haider. The core of the dispute concerned whether Mr. Haider was a genuine temporary entrant, a requirement for the visa. The Tribunal was tasked with reviewing the delegate's decision to refuse the visa.

The primary legal issue before the Tribunal was whether Mr. Haider met the criteria for a genuine temporary entrant. This involved assessing his intentions and circumstances in relation to the purpose of the student visa. A secondary issue arose from Mr. Haider's failure to respond to a notice issued under s 359(2) of the *Migration Act 1958* (Cth), which invited him to provide further information or submissions.

The Tribunal affirmed the delegate's decision to refuse the visa. It found that Mr. Haider had not provided sufficient information to satisfy the delegate, nor the Tribunal, that he was a genuine temporary entrant. The failure to respond to the s 359(2) invitation meant that the Tribunal had to make its decision based on the information available, which was insufficient to overcome the concerns about his genuine temporary entrant status. Consequently, the Tribunal affirmed the decision not to grant the visa.