Sharma (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to refuse to grant Mr Rohit Sharma a Student (Temporary) (Class TU) visa. Mr Sharma had applied for the visa to undertake study in Australia. The delegate’s refusal was based on the applicant not satisfying the requirements of cl.500.212 of Schedule 2 to the Migration Regulations 1994, specifically that he did not intend to stay temporarily in Australia. The Administrative Appeals Tribunal (Migration and Refugee Division) considered the application for review.

The primary legal issue before the Tribunal was whether Mr Sharma met the criteria for a Subclass 500 (Student) visa, specifically cl.500.211 which requires the applicant to be enrolled in a course of study at the time of the decision. The Tribunal also considered whether Mr Sharma was entitled to a hearing, given that he failed to provide requested information within the prescribed period.

The Tribunal found that there was insufficient evidence to satisfy it that Mr Sharma was currently enrolled in a course of study, as defined by the Regulations. Consequently, cl.500.211 was not met. The Tribunal also noted that Mr Sharma had failed to provide requested information regarding his course of study and entry into Australia by the deadline set by the Tribunal. This failure meant that, pursuant to s.359C and s.360(3) of the Migration Act 1958, Mr Sharma was not entitled to appear before the Tribunal, and the Tribunal was not empowered to permit him to do so.

The Tribunal affirmed the decision not to grant Mr Sharma a Student (Temporary) (Class TU) visa.