Dhingra (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by Mr Dhingra. The Administrative Appeals Tribunal, with Member Wendy Banfield presiding, was required to determine whether the applicant met the criteria for the visa, specifically concerning his enrolment in a course of study.

The central legal issue before the Tribunal was whether Mr Dhingra was enrolled in a full-time registered course of study at the time of the decision, as mandated by clause 500.211 of Schedule 2 to the Migration Regulations 1994. The applicant did not contend that he met any alternative criteria for this requirement.

The Tribunal considered evidence of the applicant's studies, his father's ill health, and a psychologist's report indicating the applicant suffered from depression and anxiety. While acknowledging that these factors may have caused distractions and adversely affected his studies prior to 2017, the Tribunal found that they did not explain his lack of enrolment since his visa refusal. The applicant had withdrawn from his Bachelor of Business course after the Department's initial decision and had not re-enrolled, despite stating his intention to do so. The Tribunal concluded that his actions did not support his claim that his primary focus was to study in Australia.

Consequently, the Tribunal found that the applicant had not met the criteria for the grant of a Subclass 500 (Student) visa. The Tribunal affirmed the decision not to grant the visa.