Wong (Migration)

Case

[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.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction

  • Jurisdiction

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