Bommareddy (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to refuse to grant the applicant a Student (Temporary) (Class TU) visa, subclass 500 (Student). The applicant had applied for the visa to undertake study in Australia. The delegate refused the visa on the basis that the applicant was not a genuine temporary entrant, as required by clause 500.212 of Schedule 2 to the Migration Regulations. The Administrative Appeals Tribunal was required to determine whether the applicant met the enrolment requirements for a Student visa at the time of the Tribunal's decision.

The Tribunal considered clause 500.211 of Schedule 2 to the Migration Regulations, which requires that an applicant for a Student visa 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". The applicant had been invited to provide evidence of current enrolment at least seven days before the hearing, and again at the hearing itself, but failed to do so. The applicant confirmed that their last enrolment, in a Diploma of Hospitality Management, had concluded in May 2020, and that they had not been enrolled in any course of study in Australia since that time.

The Tribunal found that the applicant did not meet the primary criteria for a subclass 500 visa, as they were not enrolled in a course of study at the time of the Tribunal's decision. The applicant did not claim to meet any alternative criteria. Consequently, the Tribunal affirmed the delegate's decision to refuse to grant the visa.