Ajmal (Migration)

This matter concerned an application by Mr Ajmal for review of a decision by a delegate of the Minister for Immigration to refuse to grant him a Student (Temporary) (Class TU) visa, Subclass 500 (Student). Mr Ajmal had applied for the visa to undertake study in Australia. The delegate refused the visa on the basis that Mr Ajmal did not satisfy clause 500.212 of Schedule 2 to the Migration Regulations 1994, as the delegate was not satisfied he was a genuine student intending to stay in Australia temporarily. The Administrative Appeals Tribunal was required to determine whether Mr Ajmal met the enrolment requirements for a student visa at the time of the Tribunal's decision.

The Tribunal considered the criteria for a Subclass 500 (Student) visa, specifically clause 500.211(a) of Schedule 2 to the Regulations, which requires that an applicant be enrolled in a course of study at the time of the decision. A "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered to provide such courses to overseas students under the Education Services for Overseas Students Act 2000. Despite being invited to provide evidence of enrolment in an approved course of study at least seven days before the hearing, and being requested to do so again at the hearing, Mr Ajmal failed to provide any such evidence, such as a current Certificate of Enrolment.

The Tribunal found that Mr Ajmal had not satisfied the primary criterion under clause 500.211(a) of the Regulations. As no alternative criteria were claimed, and the essential requirement of enrolment in a registered course of study had not been demonstrated, the Tribunal affirmed the delegate's decision to refuse the visa.