Shahbaz v Minister for Immigration, Citizenship and Multicultural Affairs

In the case of Shahbaz v Minister for Immigration, Citizenship and Multicultural Affairs, the applicant, Mr Shahbaz, sought review of the Administrative Appeals Tribunal’s decision to affirm the Minister’s decision to refuse his application for a Subclass 500 (Student) visa. The key issue before the Federal Circuit and Family Court was whether the Tribunal had erred in affirming the decision to refuse the visa on the basis that Mr Shahbaz was not enrolled in a course of study at the time of the decision.

The Federal Circuit and Family Court considered the statutory framework and the relevant legislative provisions, particularly clause 500.211 of Schedule 2 to the Migration Regulations, which stipulates that a student visa applicant must be enrolled in a course of study. The Court reviewed the Tribunal's reasoning and noted that the Tribunal had checked the Provider Registration and International Student Management System (PRISMS) and found that Mr Shahbaz did not hold a current Confirmation of Enrolment. Furthermore, the Tribunal had invited Mr Shahbaz to provide information about his current enrolment on two occasions, but he failed to do so. The Court found that the Tribunal's decision was supported by the evidence and that there was no procedural error or miscarriage of justice.

The Federal Circuit and Family Court dismissed Mr Shahbaz’s application for judicial review, affirming the decision of the Administrative Appeal Tribunal. The Court held that the Tribunal had correctly applied the relevant criterion and that there was no basis to interfere with the Tribunal’s decision. As such, the Minister’s decision to refuse Mr Shahbaz’s visa application was upheld.