Hariyanto (Migration)

The Federal Circuit Court of Australia considered an appeal by Mr Hariyanto concerning a decision by the Administrative Appeals Tribunal (AAT) to affirm the refusal of his Student (Temporary) (Class TU) Subclass 500 visa application. The primary issue before the AAT, and subsequently the Federal Circuit Court on remittal, was whether Mr Hariyanto was a genuine temporary entrant.

The court was required to determine whether the AAT had erred in law by affirming the delegate's decision to refuse the visa. Specifically, the court examined whether the AAT had adequately considered the evidence before it, particularly in light of Mr Hariyanto's failure to respond to the Tribunal's invitation to provide comments on adverse information, which included his not being currently enrolled in a registered course.

The court found that the AAT had not erred in law. It reasoned that the AAT was entitled to proceed with the hearing and make its decision based on the material before it, even in the absence of a response from Mr Hariyanto. The AAT had considered the available evidence, including the fact that Mr Hariyanto was not enrolled in a registered course, and concluded that he had not satisfied the criteria for a genuine temporary entrant. The court affirmed the AAT's approach to assessing the applicant's circumstances and the weight given to the lack of response to the invitation to comment.

The appeal was dismissed, and the decision of the Administrative Appeals Tribunal was affirmed.