Bin Abdul Sukkar (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Bin Abdul Sukkar concerning an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student). The dispute centred on whether the applicant met the criteria for this visa, specifically the requirement to be enrolled in a registered course of study and to be a genuine temporary entrant.

The legal issues before the Tribunal were whether the applicant satisfied the primary criteria for a Subclass 500 visa, as set out in Schedule 2 of the Migration Regulations 1994, particularly clauses 500.211 (enrolment in a course of study) and 500.212 (genuine temporary entrant). The Tribunal was required to determine if the applicant was enrolled in a full-time registered course and if their intention was genuinely to stay in Australia temporarily for the purpose of study.

The Tribunal reasoned that clause 500.211 of the Regulations requires an applicant to be enrolled in a course of study at the time of the decision. The applicant had previously provided Confirmation of Enrolments (COEs) for four Certificate level courses, but these had expired or been cancelled. Despite being requested by the Tribunal to provide information about their course of study, the applicant responded out of time and did not provide any documentation or information evidencing current enrolment. Furthermore, the applicant advised the Tribunal in writing that they had not been enrolled in a course of study from July 2017 until March 2019, and had not been enrolled in a registered course at all times while in Australia on a student visa. This lack of evidence of current enrolment meant the applicant failed to satisfy the criteria for the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, finding that the applicant did not meet the necessary criteria.