Wijaya (Migration)

In *Wijaya (Migration)*, the applicant, Mr Wijaya, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of his Student (Temporary) (Class TU) visa, subclass 500. The core of the dispute concerned Mr Wijaya's eligibility for the visa, specifically his enrolment status at the time the Department of Home Affairs made its initial decision.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in law by affirming the visa refusal, given that Mr Wijaya was not enrolled in a course of study at the time the Department made its decision. This raised questions about the interpretation and application of the relevant migration regulations concerning the requirements for a Student visa.

Justice Bishop reasoned that the legislative framework for the Student visa subclass 500 requires an applicant to be enrolled in a course of study at the time the primary decision is made. As Mr Wijaya was not enrolled at that critical juncture, he did not meet a fundamental criterion for the visa. The AAT had correctly applied this legal principle in affirming the Department's decision. Consequently, the application for judicial review was dismissed.