Xu (Migration)

The applicant, Xu, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) affirming the refusal of a Student (Temporary) (Class TU) visa, subclass 500. The AAT's decision was made under s 425 of the *Migration Act 1958* (Cth) following the applicant's failure to respond to correspondence from the Tribunal.

The primary legal issues before the Federal Circuit and Family Court of Australia were whether the Tribunal erred in affirming the delegate's decision to refuse the visa, specifically concerning the applicant's failure to demonstrate that they were enrolled in a registered course and their intention to remain in Australia temporarily, as required by the relevant visa criteria. The court also considered whether the Tribunal's decision to proceed without a response from the applicant constituted an error.

The court found that the Tribunal had correctly applied the law. It noted that the applicant had not provided evidence of enrolment in a registered course, nor had they satisfied the Tribunal that they genuinely intended to stay in Australia temporarily. The Tribunal's decision to proceed under s 425 was permissible given the applicant's lack of response to its requests for information, and this did not amount to an error of law. The court therefore dismissed the application for judicial review.