Naz (Migration)

This matter concerned an application for review by Ms Gul Naz, a citizen of Pakistan, of a decision by a delegate of the Minister for Immigration and Border Protection to refuse her a Student (Temporary) (Class TU) (subclass 500) visa. Ms Naz had applied for the visa on 14 September 2016, and the delegate's refusal was dated 7 February 2017. The Administrative Appeals Tribunal heard the application for review on 1 July 2019.

The primary legal issue before the Tribunal was whether Ms Naz met the criteria for the grant of a student visa. Specifically, the delegate had refused the visa on the basis that Ms Naz did not satisfy clause 500.214 of the Regulations, which requires genuine access to sufficient funds for the duration of her stay. However, it became apparent at the hearing that Ms Naz also failed to meet the criterion in clause 500.211 of the Regulations, which mandates enrolment in a registered course of study at the time the Tribunal makes its decision.

The Tribunal found that Ms Naz was not enrolled in a registered course of study at the time of the hearing, as she admitted in oral evidence and could not provide documentary proof. The Tribunal refused Ms Naz's request for an adjournment, which appeared to be an attempt to organise documentation, including financial evidence, on the basis that she had had sufficient time to prepare her application for review, given that over two years had passed since the original refusal. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.