Shah (Migration)

This matter concerned an application for review by Mr Shah of a decision by a delegate of the Minister to refuse his application for a Student (Temporary) (Class TU) visa, subclass 500 (Student). The review was heard by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Mr Shah met the eligibility criteria for the grant of a Student visa, specifically addressing the requirements of clause 500.214 of the Regulations, which relates to financial capacity, and the prerequisite of current enrolment in a course of study.

The Tribunal reasoned that enrolment in a course is a fundamental requirement for the grant of a Student visa, as it underpins the assessment of other criteria such as financial capacity, living expenses, and the duration of required Overseas Student Health Cover. The Tribunal noted that Mr Shah's initial refusal was due to a failure to provide evidence of financial capacity after a request from the delegate. Despite being invited to provide further material and evidence for the Tribunal's review, including specific information regarding financial capacity and current enrolment, Mr Shah failed to do so in writing prior to the hearing. At the hearing, Mr Shah stated that he was not currently enrolled in any course and had not studied since mid-2015. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.