Vetrivel (Migration)

The applicant, Vetrivel, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the refusal of his application for a Student (Temporary) (Class TU) visa, subclass 500. The primary reason for the refusal was that the applicant had failed to provide requested information, leading to the conclusion that the genuine temporary entrant criterion was not met. The applicant was also not currently enrolled in a course of study. The decision under review was made by the Administrative Appeals Tribunal.

The Federal Circuit Court was required to determine whether the Tribunal had erred in law in affirming the delegate's decision to refuse the visa. Specifically, the court had to consider whether the Tribunal had properly applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth), particularly concerning the genuine temporary entrant requirement and the obligation of an applicant to provide requested information.

The court found that the Tribunal had not erred in law. It reasoned that the applicant had been given a clear opportunity to provide the requested information to satisfy the genuine temporary entrant criterion, but failed to do so. The Tribunal was therefore entitled to conclude that the criterion had not been met. The court affirmed the Tribunal's decision, finding that it had correctly applied the law to the facts before it.