Zaidi (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Student (Temporary) (Class TU) visa, subclass 500. The primary dispute concerned whether the applicant met the enrolment requirements for such a visa, with the delegate having previously determined the applicant was not a genuine temporary entrant. The Tribunal was tasked with determining if the applicant met the current enrolment requirements for a student visa, as stipulated by various clauses of the Regulations, or if they fell within specific exceptions for eligible higher degree, exchange, or non-award students.

The Tribunal's reasoning focused on the applicant's failure to provide evidence of current enrolment or a current offer of enrolment in a principal course of study. The applicant's history of study in Australia, last completed in March 2013, and the absence of a confirmation of enrolment were critical factors. The Tribunal found no evidence that the applicant qualified as an eligible higher degree student, eligible university exchange student, or eligible non-award student. Furthermore, the Tribunal noted the lack of evidence supporting eligibility for a Subclass 576 or Subclass 580 visa.

Consequently, the Tribunal concluded that the applicant did not meet the primary criteria for the visa. As a result, the Tribunal was also not satisfied that the dependant family members met the secondary criteria. The Tribunal affirmed the decisions not to grant the Student (Temporary) (Class TU) visas to the primary applicant and his dependants, Saniya Fatima and Syed Jarraar Haider Zaidi.