NANDU (Migration)

The applicant, NANDU, sought judicial review of a decision by the Migration Review Tribunal (MRT) to affirm the delegate's refusal to grant him a Student (Temporary) (Class TU) visa (Subclass 500). The core of the dispute concerned whether the applicant met the criteria for the visa, particularly the genuine temporary entrant requirement.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the grant of a Student visa, as stipulated in clause 500.211 of the *Migration Regulations 1994* (Cth). This included the requirement to demonstrate that he was a genuine temporary entrant and that he had evidence of enrolment. The Tribunal also considered whether it was appropriate to postpone its determination in the absence of such evidence.

The Tribunal found that the applicant had not provided sufficient evidence of his enrolment, nor had he responded to an invitation issued under s 359(2) of the *Migration Act 1958* (Cth) to provide further information or to appear before the Tribunal. Consequently, the Tribunal was not satisfied that the applicant met the regulatory requirements for the visa. The Tribunal concluded that postponing the determination was not appropriate in these circumstances.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.