Bhandari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

In the case of Bhandari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, the applicants, Ms Bhandari and Mr Chhetri, sought a review of a decision by the delegate of the Minister for Immigration to refuse their application for a Student (Temporary) (Class TU) visa. The Tribunal was tasked with determining whether the delegate’s decision was lawful and whether the applicants met the criteria for the grant of a student visa as outlined in the Migration Regulations 1994.

The key legal issue before the Tribunal was whether the applicants met the enrolment requirement for a student visa, specifically whether Ms Bhandari was enrolled in a course of study as mandated by clause 500.211 of the Regulations. The Tribunal found that there was insufficient evidence provided to demonstrate that Ms Bhandari was currently enrolled in a full-time registered course, and thus, she did not meet the enrolment requirement. Additionally, the Tribunal noted that the applicants had not provided a current Certificate of Enrolment (COE), despite being requested to do so.

The Tribunal's reasoning highlighted the importance of meeting the enrolment requirement for a student visa. It emphasised that a course of study is defined as a full-time registered course provided by an institution registered under the Education Services for Overseas Students Act 2000. The Tribunal was not satisfied with the evidence provided by Ms Bhandari, which included an unconditional letter of offer dated just one day before the hearing, and her confirmation that she was not currently enrolled in any course of study in Australia. Consequently, the Tribunal affirmed the delegate's decision not to grant the applicants a Student (Temporary) (Class TU) visa.

The final orders of the Tribunal were to affirm the decisions under review, meaning that the applicants' visa applications were denied, and the delegate’s decision remained in effect. The Tribunal found that the applicants had not satisfied the criteria for the grant of a student visa, thereby upholding the original decision made by the delegate.