Ramakrishnan (Migration)

The Administrative Appeals Tribunal considered an application by Ramakrishnan for a Student (Temporary) (Class TU) visa, subclass 500. The applicant had not responded to an invitation issued under section 359A of the Migration Act 1958 (Cth) and was not enrolled in a registered course of study. The delegate of the Minister had previously refused to grant the visa.

The Tribunal was required to determine whether the applicant met the criteria for the grant of a Student (Temporary) (Class TU) visa, subclass 500. Specifically, the Tribunal had to consider the applicant's enrolment status and their response, or lack thereof, to the section 359A invitation.

The Tribunal affirmed the delegate's decision to refuse the visa. It found that the applicant had not provided a response to the invitation issued under section 359A and was not enrolled in a registered course of study, which are essential criteria for the visa. As the applicant did not claim to meet the criteria for an alternative visa, such as the Subclass 590 (Student Guardian) visa, the Tribunal concluded that the decision under review must be affirmed.