Zaman (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to refuse to grant Mr Tufail Zaman a Student (Temporary) (Class TU) visa. Mr Zaman had applied for the visa to undertake study in Australia. The delegate’s refusal was based on the applicant failing to satisfy the financial capacity requirements under clause 500.214 of Schedule 2 to the Migration Regulations 1994.

The legal issue before the Tribunal was whether Mr Zaman met the enrolment criteria for a Student visa at the time of the Tribunal's decision. Specifically, the Tribunal was required to determine if the applicant was enrolled in a course of study as mandated by clause 500.211(a) of Schedule 2 to the Regulations. The definition of a "course of study" under the Regulations refers to a full-time registered course, which in turn is defined as a course provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal noted that while the delegate's decision focused on financial capacity, the Tribunal's focus was on the enrolment criteria. The applicant did not claim to meet any alternative criteria to clause 500.211(a). The Tribunal had invited the applicant to attend a hearing and provide evidence, including information regarding his enrolment status. The written record of the Tribunal's reasons indicated that the applicant was not enrolled in a course of study at the time of the decision under review.