Zahra v Minister for Immigration

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to refuse the applicant a student (Temporary) (Class TU) Subclass 572 visa. The applicant sought review of this decision before the Administrative Appeals Tribunal (AAT).

The primary legal issue before the AAT was whether the applicant met the enrolment requirements for a student visa at the time of the Tribunal's decision. This involved considering whether the applicant was enrolled in, or had a current offer of enrolment in, a course of study that met the regulatory requirements for the subclass of visa applied for.

The Tribunal noted that the applicant had advised it of personal circumstances, including marriage breakdown, which had prevented her from studying. However, the applicant also confirmed she had not made any inquiries about potential courses or institutions. The Tribunal found that the applicant had been notified of the requirement to provide confirmation or an offer of enrolment, and had failed to do so. Given the absence of evidence of current enrolment or a current offer of enrolment in an applicable course, the Tribunal concluded that the relevant criteria for the visa were not met. The Tribunal refused an adjournment sought by the applicant to find a course, considering she had had sufficient time prior to the hearing to do so. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.