1517222 (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa. The applicant sought review of the delegate's decision to refuse to grant the visa.

The primary legal issues before the Tribunal were whether the applicant met the mandatory criteria for the visa, specifically concerning enrolment in a principal course of study and the provision of a current Confirmation of Enrolment (COE). The Tribunal was required to determine if the applicant was enrolled in a course that was a principal course for the relevant visa subclass, and if a valid and current COE had been provided to the Minister or the Tribunal.

The Tribunal reasoned that, with limited exceptions not applicable to the applicant, the Migration Regulations require an applicant to be enrolled in, or have an offer of enrolment in, a principal course of study at the time of the decision. Furthermore, a mandatory criterion for most Class TU visas is the provision of a current COE, unless specific exceptions related to electronic transmission failures or application forms apply. The Tribunal found no evidence that the applicant was an eligible higher degree student, exchange student, or non-award student. Crucially, the Tribunal was not satisfied that the applicant had provided a current COE, as the original COEs were not proven to be still valid and the applicant had not provided a new current COE despite written requests. The Tribunal was also not satisfied, on the evidence, that the applicant had attended classes or completed the stated courses. As the applicant had not met these mandatory criteria, the Tribunal affirmed the delegate's decision.