Phagura (Migration)

The applicant, Mr. Phagura, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of his Student (Temporary) (Class TU) visa, subclass 500. The core of the dispute concerned whether Mr. Phagura had met the enrolment requirement for the visa.

The Federal Circuit and Family Court of Australia was required to determine whether the AAT had erred in law by finding that Mr. Phagura was not enrolled in a registered course of study at the time of the visa application, and consequently, whether the AAT had correctly affirmed the delegate's decision to refuse the visa.

The Court considered the relevant provisions of the *Migration Regulations 1994* (Cth) and the evidence before the AAT. It was held that the AAT had correctly applied the law to the facts. The AAT's finding that Mr. Phagura had not provided sufficient evidence of his enrolment in a registered course of study was a finding of fact open to the Tribunal. The Court found no error of law in the AAT's reasoning or its conclusion that the applicant had failed to satisfy a criterion for the grant of the visa.

The application for judicial review was dismissed.