Mukhija (Migration)

The Administrative Appeals Tribunal considered an application by Mukhija for a Subclass 500 (Student) visa. The applicant had not responded to an invitation issued under s 359(2) of the *Migration Act 1958* (Cth), which meant they were not entitled to appear before the Tribunal. The central dispute concerned whether the applicant met the criteria for the visa, specifically the genuine temporary entrant requirement and their enrolment status.

The Tribunal was required to determine whether the applicant had provided sufficient evidence of their enrolment at the time of the decision, and consequently, whether they met the genuine temporary entrant criteria for the Subclass 500 visa. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

The Tribunal found that the applicant had not provided evidence of enrolment at the time of the decision. In the absence of this evidence, the Tribunal concluded that the criteria for the grant of a Subclass 500 (Student) visa were not met. Accordingly, the Tribunal affirmed the decision not to grant the applicant the visa.