Handa (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration and Border Protection to refuse to grant Mr Handa a Student (Temporary) (Class TU) visa, subclass 500 (Student). Mr Handa had applied for the visa to undertake study in Australia. The delegate refused the visa on the basis that Mr Handa was not satisfied to be a genuine temporary entrant, failing to meet the requirements of clause 500.212 of Schedule 2 to the Migration Regulations 1994. The Administrative Appeals Tribunal was required to consider the applicant's eligibility for the visa.

The primary legal issue before the Tribunal became whether Mr Handa met the enrolment requirements stipulated in clause 500.211(a) of Schedule 2 to the Migration Regulations 1994 at the time of the decision. This clause requires an applicant to be enrolled in a course of study, defined as a "fulltime registered course" provided by an institution registered under the Education Services for Overseas Students Act 2000. The Tribunal had invited Mr Handa to provide evidence of his enrolment, and he was given further opportunity to do so at the hearing.

The Tribunal noted that the applicant acknowledged the change in the determinative issue to his enrolment status. Despite being given multiple opportunities, Mr Handa failed to provide any evidence of current enrolment in a course of study. He candidly conceded that he had completed his studies and was not currently enrolled. The Tribunal found that Mr Handa did not satisfy the criteria in clause 500.211(a) of the Regulations.

Consequently, the Tribunal affirmed the delegate's decision to refuse to grant the visa.