Waqas (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Immigration to refuse Mr Rana Waqas a Student (Temporary) (Class TU) visa, subclass 500. Mr Waqas had applied for the visa to undertake study in Australia. The delegate refused the visa on the basis that Mr Waqas did not satisfy the genuine temporary entrant criterion, specifically that he did not genuinely intend to stay in Australia temporarily.

The Tribunal was required to determine whether Mr Waqas met the enrolment requirements for a student visa at the time of the Tribunal's decision. This involved considering whether Mr Waqas was enrolled in a full-time registered course of study, as required by clause 500.211 of Schedule 2 to the Migration Regulations. A registered course is defined as one provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal noted that Mr Waqas had been invited to provide evidence of his enrolment at least seven days before the hearing, but this evidence was not provided. At the hearing, the Tribunal raised the issue of Mr Waqas's enrolment. It was established that Mr Waqas had completed an advanced diploma of leadership and management on 20 October 2019, and he had stated in his questionnaire response that he was not currently enrolled in a course of study.

The Tribunal affirmed the delegate's decision to refuse the visa. The Tribunal found that Mr Waqas had not satisfied the requirement to be enrolled in a course of study at the time of the Tribunal's decision.