Supracoyo (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Home Affairs to refuse Mr Iwan Dwi Supracoyo a Student (Temporary) (Class TU) visa. Mr Supracoyo applied for the visa on 28 February 2019 to undertake study in Australia. The delegate refused the visa on the grounds that Mr Supracoyo was not a genuine temporary entrant, as he was not satisfied that the applicant genuinely intended to stay in Australia temporarily.

The primary legal issue before the Tribunal was whether Mr Supracoyo met the enrolment requirements for a student visa at the time of the Tribunal's decision. Specifically, the Tribunal considered clause 500.211 of Schedule 2 to the Migration Regulations, which requires an applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the definition of a "registered course" as one provided by an institution registered to provide courses to overseas students.

The Tribunal noted that Mr Supracoyo had been invited to provide evidence of enrolment at least seven days before the hearing, but this evidence was not provided. At the hearing, Mr Supracoyo confirmed that he was not currently enrolled in a registered course of study and that his last enrolment was in a course he completed in December 2018. As Mr Supracoyo did not claim to meet any alternative criteria within clause 500.211, and had failed to provide evidence of current enrolment in a registered course, the Tribunal found that he did not satisfy this essential criterion for the grant of a student visa. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.