WU (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of WU, an applicant for a Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The dispute concerned whether WU met the eligibility criteria for the visa, specifically whether he was enrolled, or the subject of a current enrolment, in a course of study.

The primary legal issue before the Tribunal was to determine if WU satisfied the criterion requiring him to be enrolled in, or the subject of a current enrolment in, a course of study at a higher education institution. This involved assessing the evidence presented by WU regarding his purported enrolment and his understanding of the course he intended to undertake.

The Tribunal found that WU was neither enrolled nor the subject of a current enrolment in a course of study. Evidence indicated that WU had not studied for a significant period, and he was unable to recall essential details about the course he claimed to be intending to study. Based on these findings, the Tribunal affirmed the decision to refuse the visa.