KHAN (Migration)

The applicant, Mr. Khan, 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 communication from the Tribunal and the fact that he was not currently enrolled in a course of study.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in law by affirming the refusal of the visa application. Specifically, the court considered whether the AAT had properly applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) in circumstances where the applicant failed to provide requested information and was not enrolled.

The court found that the AAT had not erred in law. It reasoned that the applicant had been given a clear opportunity to respond to the Tribunal's request for information regarding his enrolment status, and his failure to do so meant that the AAT was entitled to proceed with the information before it. The court affirmed that a key criterion for the grant of a Student visa is current enrolment in a course of study, and in the absence of evidence to the contrary, the AAT was justified in concluding that this criterion was not met. The applicant's failure to engage with the Tribunal's process further supported the AAT's conclusion.