Nawaz (Migration)

The Administrative Appeals Tribunal (AAT) reviewed a decision by a delegate of the Minister for Home Affairs to refuse Mr Faheem Nawaz a Student (Temporary) (Class TU) visa. Mr Nawaz applied for the visa on 17 August 2018 to undertake study in Australia. The delegate refused the visa on the basis that Mr Nawaz did not satisfy the requirements of clause 500.212 of Schedule 2 to the Migration Regulations 1994, specifically that he was not a genuine applicant for entry and stay as a student.

The primary legal issue before the Tribunal was whether Mr Nawaz met the criteria for a Subclass 500 (Student) visa, as set out in Part 500 of Schedule 2 to the Migration Regulations. While the delegate's decision focused on the genuine temporary entrant requirement, the Tribunal identified that a crucial criterion, clause 500.211(a), required the applicant to be enrolled in a registered course of study at the time of the decision. The Tribunal was required to determine if Mr Nawaz satisfied this enrolment requirement.

The Tribunal found that Mr Nawaz was not enrolled in a registered course of study at the time of the decision. Evidence presented indicated that Mr Nawaz had ceased his studies at the end of 2018 and his enrolment in a Bachelor of Business was cancelled for non-commencement in January 2019. Despite being notified of the enrolment requirement on multiple occasions, including by the Tribunal, Mr Nawaz had not provided any evidence of a current enrolment or a letter of offer for a course. The Tribunal concluded that Mr Nawaz had sufficient time and notice to obtain such documentation but had failed to do so. Consequently, clause 500.211 was not met.

As Mr Nawaz did not meet the enrolment criteria for a Subclass 500 (Student) visa and did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the delegate's decision to refuse the visa.