CHOWRIMOOTOO (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, specifically Subclass 573 Higher Education Sector. The applicant sought review of a decision that had not granted her the visa. The core of the dispute revolved around whether the applicant met the enrolment requirements stipulated by the Migration Regulations at the time of the decision.

The Tribunal was required to determine whether the applicant was enrolled in, or held a current offer of enrolment in, a course of study that was a principal course and of a type specified for the relevant subclass, as mandated by the Regulations. The Tribunal also considered whether the applicant fell within any of the exceptions to this general requirement, such as being an eligible higher degree student, eligible university exchange student, or eligible non-award student.

The Tribunal reasoned that the applicant's previous education provider ceased operations, resulting in her not completing her Associate Degree and instead being awarded a Diploma of Business. The applicant stated she was awaiting the outcome of her appeal before enrolling in a new course, and at the hearing, confirmed she was neither enrolled nor held an offer of enrolment. The Tribunal found no evidence that the applicant met the criteria for the specific visa subclass or any other relevant subclass of Class TU, including Subclass 576 or Subclass 580. Consequently, the Tribunal concluded that the applicant did not meet the primary criteria for the visa.

As the primary applicant did not meet the criteria, and the second applicant had applied solely as a spouse, the second applicant also failed to meet the secondary criteria. Accordingly, the Tribunal affirmed the decisions not to grant the applicants Student (Temporary) (Class TU) visas.