Wang (Migration)

The applicant, Wang, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) to affirm the refusal of a Student (Temporary) (Class TU) visa, subclass 500. The AAT had affirmed the delegate's decision to refuse the visa application.

The primary legal issues before the court were whether the Tribunal erred in affirming the delegate's decision to refuse the visa, specifically concerning the applicant's entitlement to appear before the Tribunal and whether the applicant was a genuine temporary entrant. The court also considered the applicant's enrolment status in a course of study at the time of the delegate's decision.

The court found that the applicant had not responded to an invitation issued under s 359(2) of the Migration Act 1958 (Cth), which meant they were not entitled to appear before the Tribunal. Furthermore, the court determined that the applicant was not enrolled in a course of study at the time of the delegate's decision, a crucial factor in assessing their eligibility for a student visa and their status as a genuine temporary entrant. Consequently, the Tribunal's decision to affirm the refusal was upheld.