Kiani (Migration)

The Administrative Appeals Tribunal reviewed a decision made by a delegate of the Minister for Immigration to refuse Furqan Nasir Kiani a Student (Temporary) (Class TU) visa, subclass 500 (Student). Mr. Kiani applied for the visa to undertake study in Australia. The delegate's refusal was based on the applicant not satisfying the requirements of clause 500.211 of Schedule 2 to the Migration Regulations 1994, as the delegate was not satisfied that Mr. Kiani was enrolled in a course of study.

The primary legal issue before the Tribunal was whether Mr. Kiani was enrolled in a course of study at the time of the decision, as mandated by clause 500.211(a) of the Regulations. This clause requires an applicant to be enrolled in a "full-time registered course," with "registered course" defined by reference to the Education Services for Overseas Students Act 2000. Mr. Kiani did not claim to meet any alternative criteria for the visa.

The Tribunal noted that Mr. Kiani had been invited to provide evidence of his enrolment at least seven days before the hearing, and again at the hearing itself, but failed to do so. In his sworn evidence, Mr. Kiani confirmed he was last enrolled in a Diploma of Business Management in 2018 and was not currently enrolled in any course of study in Australia. The Tribunal considered his request for further time but refused it, given the lengthy period since the initial refusal and his confirmed lack of current enrolment. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.