Chamouroudis (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, specifically Subclass 572 (Vocational Education and Training Sector). The applicant sought review of a decision to refuse to grant the visa. The Tribunal was tasked with determining whether the applicant met the relevant enrolment requirements for a student visa at the time of the decision.

The central legal issue before the Tribunal was whether the applicant was enrolled in, or held a current offer of enrolment in, a course of study that met the specifications of the Migration Regulations. The Tribunal considered whether the applicant fell within any exceptions to this general requirement, such as being an eligible higher degree student, eligible university exchange student, or eligible non-award student. The Tribunal also had to consider the applicant's immigration history, including whether they were a genuine temporary entrant.

The Tribunal's reasoning focused on information obtained from the Provider Registration and International Student Management System (PRISMS). This record indicated that the applicant's enrolments in Certificate IV in EAL, Certificate III in Business, and Certificate IV in Business had all "finished" by December 2017, with no subsequent enrolments recorded. The Tribunal explained to the applicant that current enrolment or a valid offer of enrolment is a primary requirement for a Student visa, and that failure to meet this requirement would compel the Tribunal to affirm the delegate's decision.

Consequently, the Tribunal found that the applicant did not meet the primary criteria for the grant of a Student visa, as they were not enrolled in a registered course and did not have an offer of enrolment. As the secondary criteria for dependent applicants require the primary applicant to have satisfied the primary criteria, the Tribunal also found that the secondary applicant did not meet their requirements. The Tribunal therefore affirmed the decisions not to grant the applicants Student (Temporary) (Class TU) visas.