Khatiwada (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Khatiwada for review of a decision by the Minister to refuse to grant him a Student (Temporary) (Class TU) visa, subclass 500. The applicant had failed to provide requested information within the prescribed timeframe, leading to the refusal.

The primary legal issue before the Tribunal was whether the applicant met the genuine temporary entrant (GTE) criterion for the visa. This involved assessing whether the applicant genuinely intended to stay in Australia temporarily for the purpose of study and whether he intended to depart Australia at the end of his proposed stay.

The Tribunal noted that the applicant was not currently studying and had not provided a current confirmation of enrolment. In the absence of this essential documentation, the Tribunal found that the applicant had not satisfied the GTE criterion. The Tribunal affirmed the delegate's decision to refuse the visa.