Walia (Migration)

This matter concerned an appeal by the applicant against the Administrative Appeals Tribunal's decision to affirm the refusal of a Subclass 500 (Student) visa. The applicant had not responded to an invitation issued under s 359(2) of the Migration Act 1958, which meant they were not entitled to appear before the Tribunal. The primary issue before the Tribunal was whether the applicant met the criteria for the grant of the visa.

The Tribunal was required to determine if the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically clause 500.211 of Schedule 2 to the Migration Regulations 1994, which mandates that the applicant be enrolled in a course of study at the time of the decision. The Tribunal also considered clause 500.212(a), which requires the applicant to be a genuine temporary entrant. Direction No. 69, issued by the Minister under s 499 of the Act, provided guidance on assessing the genuine temporary entrant criterion.

The Tribunal found that there was no recent evidence before it to satisfy the requirement of enrolment in a course of study as stipulated by clause 500.211. Consequently, the Tribunal could not be satisfied that the primary criteria for the visa were met. Furthermore, the Tribunal was not satisfied that the applicant genuinely intended to stay in Australia temporarily, and therefore did not meet the genuine temporary entrant criterion under clause 500.212(a). The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.