Brohier (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal concerning the refusal of a Student (Temporary) (Class TU) visa, Subclass 572 Vocational, Education and Training Sector. The applicant sought the visa to undertake a Diploma of Leadership and Management, which he stated was a requirement for sponsorship by his employer, Domino's Pizza.

The primary legal issue before the Tribunal was whether the applicant met the enrolment requirements for a student visa at the time of the decision. Specifically, the Tribunal had to determine if the applicant was enrolled in, or held a current offer of enrolment in, a registered course of study as required by the relevant regulations, with limited exceptions for certain categories of students.

The Tribunal found that the applicant himself stated he was not currently studying or enrolled in any course. He confirmed that he had completed the Diploma of Leadership and Management for which the visa was sought, and that he had not applied for another course as it was not a requirement from his sponsor at that time. As there was no evidence before the Tribunal that the applicant was enrolled in, or had a current offer of enrolment in, any applicable course of study, the Tribunal concluded that the relevant legislative criteria were not met.

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