Malik (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Home Affairs to refuse an Indian citizen a Student (Temporary) (Class TU) subclass 500 visa. The applicant had applied for the visa on 22 October 2017, seeking to reside in Australia temporarily to undertake full-time study. The delegate refused the visa on 3 November 2017, finding that the applicant did not meet the primary criteria, specifically that he was not a genuine applicant for entry and stay as a student.

The Tribunal was required to determine whether the applicant satisfied the primary criteria for a subclass 500 student visa, as set out in the Migration Regulations. The relevant criteria for this review were clause 500.211, concerning enrolment in a registered course of study, and clause 500.212, relating to the genuine applicant requirement. The Tribunal considered evidence presented by the applicant, including a conditional offer of enrolment for a Diploma of Business dated 25 July 2019, and the applicant's oral evidence regarding his current enrolment in an Advanced Diploma of Leadership and Management.