Baljeet Kaur (Migration)

This matter concerned an application for review by Ms Baljeet Kaur, a citizen of India, of a decision by a delegate of the Minister for Home Affairs to refuse her a subclass 500 student visa. Ms Kaur had applied for the visa to reside in Australia and undertake a course of study. The original refusal was based on the delegate's dissatisfaction that Ms Kaur met the genuine temporary entrant criteria under clause 500.212 of the Migration Regulations 1994.

The Administrative Appeals Tribunal was required to determine whether Ms Kaur met the criteria for the grant of a subclass 500 student visa. Specifically, the Tribunal needed to consider the enrolment criterion under clause 500.211 of the Regulations, which requires evidence of enrolment in a registered course of study, and the genuine temporary entrant criterion under clause 500.212.

During the hearing, it became apparent that Ms Kaur did not meet the enrolment criterion under clause 500.211. The Tribunal noted that a registered course of study must be listed on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS), and enrolment in such a course typically results in a Confirmation of Enrolment (CoE). Ms Kaur stated in evidence that she was not currently enrolled in a registered course of study, despite being advised by the Tribunal prior to the hearing that proof of enrolment was necessary.

Consequently, the Tribunal affirmed the delegate's decision to refuse the visa. The primary reason for affirming the decision was Ms Kaur's failure to satisfy the enrolment criterion under clause 500.211, which is a prerequisite for the grant of a student visa.