Wang (Migration)

The applicant, Wang, sought judicial review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) to affirm a decision to refuse to grant a Student (Temporary) (Class TU) Subclass 500 visa. The primary issue before the Federal Circuit and Family Court of Australia was whether the delegate's decision to refuse the visa, based on a finding that the applicant had not satisfied the genuine temporary stay requirement, was affected by jurisdictional error.

The court was required to determine whether the delegate had erred in finding that the applicant had failed to provide sufficient evidence of enrolment in a registered course of study. Specifically, the court considered whether the delegate's assessment of the applicant's intention to genuinely stay in Australia temporarily for the purpose of study was reasonable in light of the material before them.

The delegate's decision was affirmed. The court found that the delegate had properly considered the applicant's circumstances and the relevant criteria under the Migration Regulations 1994. Crucially, the delegate noted the absence of evidence of enrolment in a registered course, which was a fundamental requirement for satisfying the genuine temporary stay criterion. The delegate's reasoning, which focused on the lack of concrete evidence of the applicant's proposed course of study and the potential for the applicant to remain in Australia beyond the intended period of study, was found to be sound and not affected by jurisdictional error.