1515899 (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, where the applicant sought review of a decision not to grant the visa. The Tribunal, constituted by Gabrielle Cullen, was required to determine whether the applicant met the relevant enrolment requirements for a student visa at the time of the Tribunal's decision.

The primary legal issue was whether the applicant satisfied the criteria stipulated in various clauses of Schedule 2 to the *Migration Regulations 1994*, specifically concerning current enrolment or a current offer of enrolment in a principal course of study. These requirements, with limited exceptions for certain categories of students, mandate that an applicant must be enrolled or have a current offer of enrolment in a specified course type at the time of the decision.

The Tribunal reasoned that the applicant had provided a Certificate of Enrolment for a Bachelor of Business (Accounting) in February 2015, which was subsequently cancelled in August 2015. Despite being invited to provide evidence of current enrolment, the applicant failed to do so. Furthermore, the applicant indicated at the hearing that he was not currently enrolled or the subject of a current offer of enrolment, a position supported by PRISMS records. As there was no evidence before the Tribunal of current enrolment or a current offer of enrolment in an applicable course, the Tribunal was not satisfied that the applicant met the enrolment requirements. Consequently, the Tribunal affirmed the decision not to grant the visa.