Singh (Migration)

In *Singh (Migration)*, the applicant 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 primary ground for refusal by the Department of Home Affairs, and subsequently affirmed by the AAT, was that the applicant was not a genuine temporary entrant.

The Federal Circuit and Family Court of Australia was required to determine whether the AAT had erred in law by finding that the applicant had failed to satisfy the genuine temporary entrant requirement. Specifically, the court considered whether the AAT had properly assessed the evidence before it regarding the applicant's enrolment status at the time of the decision under review.

The court found that the AAT had not erred in law. It reasoned that the onus was on the applicant to demonstrate that he met the criteria for the visa, including the genuine temporary entrant requirement. The AAT had considered the evidence presented, including the lack of confirmed enrolment at the time of its decision, and had permissibly concluded that the applicant had not discharged this onus. The AAT's findings were open to it on the evidence before it.

The application for judicial review was dismissed.