Jaganathan (Migration)

The Administrative Appeals Tribunal considered the case of Jaganathan, concerning an application for a Subclass 500 (Student) visa. The applicants failed to respond to the Tribunal's request for information regarding their enrolment and adherence to the genuine temporary entrant criteria, despite being granted an extension of time. The Tribunal also noted a lack of current enrolment in a course of study, which was raised with the applicants in a subsequent invitation to comment.

The primary legal issues before the Tribunal were whether the applicants satisfied the criteria for a Subclass 500 (Student) visa, specifically the requirement under clause 500.211 of the Regulations that the applicant be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also had to determine the consequences of the applicants' failure to provide requested information within the prescribed timeframes, including their entitlement to a hearing.

The Tribunal reasoned that by failing to provide the requested information by the extended deadline of 19 October 2022, and not seeking a further extension, the applicants triggered section 359C of the Migration Act 1958 (Cth). This meant they were not entitled to appear before the Tribunal to give evidence or present arguments, as per section 360(3) of the Act. The Tribunal further noted that the applicants had not responded to information indicating they were not enrolled in a course of study. Given that clause 500.211 requires enrolment in a registered course of study, and the applicants did not claim to meet any alternative criteria, the Tribunal concluded that this essential criterion for the visa was not met.

Consequently, the Tribunal affirmed the decision not to grant the applicants the Subclass 500 (Student) visas.