1610612 (Migration)

The applicant sought review of a decision not to grant a Student (Temporary) (Class TU) visa. The Tribunal first considered whether the application was valid for a Subclass 580 visa, which is for student guardians. The applicant confirmed that the required Form 157G was not used, and the Tribunal found the application was not valid for this subclass. Consequently, the Tribunal's consideration of the remaining subclasses of the Class TU visa excluded Subclass 580.

The primary legal issue before the Tribunal was whether the applicant met the enrolment requirements for a student visa at the time of the decision. This involved assessing whether the applicant was enrolled, or had a current offer of enrolment, in a principal course of study as specified for the relevant subclass, subject to certain exceptions for eligible higher degree, exchange, or non-award students. The Tribunal also considered the mandatory criterion requiring the applicant to provide a Confirmation of Enrolment (COE) relating to a course of study, which must be current and not cancelled, unless specific exceptions applied.

The Tribunal found that the applicant had not provided evidence of being an eligible higher degree, exchange, or non-award student. Furthermore, the applicant had been informed of the mandatory requirement to provide a current COE, and the Tribunal noted that a cancelled COE would be insufficient. Although the Tribunal did not need to make a final decision regarding a specific criterion (cl.572.223(1)(a)), it indicated that it considered the applicant did not genuinely intend to stay in Australia temporarily.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.