Chishimba (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, specifically Subclass 572 Vocational Education and Training Sector. The applicant sought to challenge a decision that refused to grant the visa. The Tribunal was required to determine whether the applicant met the relevant enrolment requirements for a student visa at the time of the Tribunal's decision.

The central legal issue was whether the applicant satisfied the criteria relating to enrolment in a course of study. The Tribunal considered clauses 570.232, 571.232, 572.231, 573.231, 574.231, and 575.231 of the Migration Regulations, which generally require an applicant to be enrolled in, or have a current offer of enrolment in, a principal course of study at the time of the decision, unless they fall within specific exceptions. The Tribunal noted that the applicant did not present evidence to suggest they qualified as an eligible higher degree student, eligible university exchange student, or eligible non-award student.

The Tribunal's reasoning focused on the lack of evidence regarding the applicant's current enrolment or a current offer of enrolment. Information from the PRISMS system indicated no current enrolment, and the applicant confirmed this. The Tribunal found that the applicant's enrolment had ceased in October 2015 and that there was no evidence to support a current enrolment or offer. Consequently, the Tribunal concluded that the applicant did not satisfy the relevant clauses of the Regulations, including cl.572.222 and the general enrolment requirements. Furthermore, the Tribunal found no evidence that the applicant met the criteria for alternative visa 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.