Qureshi (Migration)

The applicant, Qureshi, 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 AAT's decision was based on the applicant's failure to respond to a notice issued under section 359 of the *Migration Act 1958* (Cth) and the fact that he was not currently enrolled in a course of study.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in law by affirming the delegate's decision to refuse the visa. Specifically, the court considered whether the AAT had adequately considered the applicant's submissions and whether its findings regarding the applicant's lack of current enrolment and failure to respond to the section 359 letter were supported by evidence.

The court found that the AAT had not erred in law. It noted that the applicant had been provided with an opportunity to respond to the section 359 letter, which outlined concerns about his enrolment status. The applicant's failure to provide a satisfactory response, coupled with the evidence of his lack of current enrolment, meant that the AAT was entitled to affirm the delegate's decision. The court applied the principles of administrative law, requiring the AAT to act in accordance with the law and to provide reasons for its decisions, which it had done.