ZHENG (Migration)

The Administrative Appeals Tribunal considered an application for review by ZHENG concerning a decision not to grant a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought to have the delegate's decision, which affirmed the refusal of the visa, set aside.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 visa, specifically the requirement under clause 500.211 of Schedule 2 to the Regulations that an applicant be enrolled in a course of study. The Tribunal also considered whether to exercise its discretion to adjourn the review to allow the applicant further time to provide information.

The Tribunal noted that the applicant had not provided a current Confirmation of Enrolment in a course of study, as indicated by the Provider Registration and International Student Management System. Despite invitations to comment, the applicant did not respond. Consequently, the Tribunal found that the applicant failed to satisfy the criterion in clause 500.211(a) and decided not to exercise its discretion to adjourn the proceedings further. The Tribunal affirmed the delegate's decision not to grant the visa.