Mishra (Migration)

The applicant, Mr Mishra, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the refusal of his Student (Temporary) (Class TU) visa, subclass 500 (Student). The primary issue before the Federal Circuit and Family Court of Australia was whether the applicant met the genuine temporary entrant (GTE) requirement for the visa.

The court was required to determine whether the delegate's conclusion that the applicant had failed to satisfy the GTE requirement was affected by an error of law. Specifically, the court considered whether the delegate had properly assessed the applicant's stated intention to study in Australia and his subsequent enrolment status.

The delegate had refused the visa on the basis that the applicant had not provided evidence of enrolment at the time of the decision, which was a crucial factor in assessing his genuine temporary entrant status. The court found that the delegate's reasoning was sound and that there was no error of law in the decision to affirm the refusal. The applicant had not discharged his onus to demonstrate that he met the GTE criteria.

The application for judicial review was dismissed.