Nako (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), by Mr. Anti Nako, with his wife Fiona Nako and son Master Christian Nako as secondary applicants. The primary issue before the Administrative Appeals Tribunal was whether Mr. Nako satisfied the visa requirements, specifically concerning his enrolment in a registered course of study. The delegate had previously refused the visa on the grounds that Mr. Nako was not a genuine temporary entrant, but this criterion had shifted to become the determinative issue before the Tribunal.

The legal issue before the Tribunal was whether Mr. Nako met the enrolment criteria for a Subclass 500 Student Visa, as stipulated in clause 500.211 of Schedule 2 to the Migration Regulations. This clause requires the main applicant to be enrolled in a course of study at the time of the decision. The Tribunal was also required to consider the definition of "course of study" as a "fulltime registered course" under clause 500.111 of the Regulations.

The Tribunal's reasoning focused on the lack of evidence of Mr. Nako's enrolment. Despite being informed of the importance of this criterion and receiving a written invitation to the hearing requesting such evidence at least seven days prior, Mr. Nako failed to provide any documentation demonstrating his enrolment in a fulltime registered course. Consequently, the Tribunal found that there was no evidence before it to satisfy clause 500.211(a) of the Regulations.

The Tribunal affirmed the delegate's decision to refuse the visa.