Brar (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, specifically a Subclass 572 Vocational Education and Training Sector visa. The applicant had previously been refused a visa, and the issue before the Tribunal was whether the applicant met the current enrolment requirements for a student visa at the time of the Tribunal's decision.

The primary legal issue before the Tribunal was whether the applicant satisfied the enrolment requirements stipulated by the Migration Regulations. Specifically, the Tribunal had to determine if the applicant was enrolled in, or held a current offer of enrolment for, a principal course of study as required by various clauses of the Regulations, unless they fell within specific exceptions for eligible higher degree, university exchange, or non-award students.

The Tribunal considered evidence from the Department's PRISMS records, which indicated the applicant was not currently enrolled and had no current offer of enrolment. The applicant also confirmed this lack of enrolment or offer. The Tribunal found that the applicant's enrolment had ceased in 2016 and, despite considering the applicant's explanation for this, concluded there was no evidence of current enrolment or a current offer of enrolment. Consequently, the Tribunal found that the applicant did not satisfy the relevant clauses of the Regulations, including cl.572.222 and the general enrolment requirements under clauses such as cl.572.231. The Tribunal also noted there was no evidence the applicant met the criteria for other subclasses within Class TU, such as Subclass 576 or Subclass 580.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.