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Tribunal: Member Peter Booth

The Department of Home Affairs (the Department) refused to grant the applicant a temporary student visa[1]. The department found the applicant was not a genuine temporary entrant because she was not enrolled in a course of study[2].

On 2 September 2019, the Administrative Appeals Tribunal (AAT) wrote to the applicant, at the last address provided, asking for more information about whether or not she was enrolled in a registered course[3].

The applicant was also advised that if the information was not provided by 16 September 2019 the AAT could make a decision on the review without seeking more information from her. She would also lose any right to appear before the AAT to give evidence and present arguments.

No information was provided by that date and the applicant did not apply for an extension of time.

In these circumstances, the applicant was not entitled to appear before the AAT[4]. The AAT proceed to a decision without taking further steps to obtain more information.

The AAT was satisfied that at the time of the Department’s decision to refuse the visa, she was enrolled in several registered courses of study, including a diploma of leadership and management. However, there was no evidence this enrolment was maintained and no evidence of a current enrolment.

The criteria for the grant of a student visa were not met. The AAT affirmed the decision not to grant the applicant a visa. 

Read the full decision on AustLII.

 

[1] Section 65 of the Migration Act 1958

[2] Cl.500.212 of Schedule 2 to the Migration Regulations 1994

[3] Required by the Migration Regulations Section 359C and section 360(3) of the Migration Act 1958

[4]Section 359C and section 360(3) of the Migration Act 1958