Wong (Migration)
Case
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[2019] AATA 5349
•11 September 2019
Details
AGLC
Case
Decision Date
Wong (Migration) [2019] AATA 5349
[2019] AATA 5349
11 September 2019
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered the case of *Wong* concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of a decision to refuse their visa application.
The primary legal issues before the Tribunal were whether the applicant was entitled to appear before the AAT, given no response to a section 359(2) invitation, and whether the applicant met the criteria for a genuine temporary entrant, specifically regarding their enrolment status and evidence of enrolment in a course of study.
The Tribunal affirmed the delegate's decision. It found that as the applicant had not responded to the invitation issued under s 359(2) of the *Migration Act 1958* (Cth), they were not entitled to appear before the Tribunal. Furthermore, the Tribunal was not satisfied that the applicant had provided sufficient evidence of their enrolment in a course of study that would support a genuine temporary entrant claim.
The primary legal issues before the Tribunal were whether the applicant was entitled to appear before the AAT, given no response to a section 359(2) invitation, and whether the applicant met the criteria for a genuine temporary entrant, specifically regarding their enrolment status and evidence of enrolment in a course of study.
The Tribunal affirmed the delegate's decision. It found that as the applicant had not responded to the invitation issued under s 359(2) of the *Migration Act 1958* (Cth), they were not entitled to appear before the Tribunal. Furthermore, the Tribunal was not satisfied that the applicant had provided sufficient evidence of their enrolment in a course of study that would support a genuine temporary entrant claim.
Details
Key Legal Topics
Areas of Law
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Immigration
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Administrative Law
Legal Concepts
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Judicial Review
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Procedural Fairness
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Statutory Construction
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Jurisdiction
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Citations
Wong (Migration) [2019] AATA 5349
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