Farisi (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision to refuse a Student (Temporary) (Class TU) visa, specifically a Subclass 572 (Vocational Education and Training Sector) visa. The core dispute revolved around whether the applicant met the necessary enrolment requirements for a student visa at the time of the decision.

The Tribunal was required to determine if the applicant was enrolled in, or had a current offer of enrolment in, a principal course of study as specified by the Migration Regulations, and whether they qualified for any exceptions to this requirement. Additionally, the Tribunal considered the applicant's stated intentions regarding their study in Australia and their purpose in seeking a review of the visa refusal.

The Tribunal reasoned that the applicant had completed several vocational courses and had their enrolment in an Advanced Diploma of Hospitality cancelled. Crucially, there was no evidence presented to the Tribunal that the applicant was currently enrolled in, or had a current offer of enrolment in, any applicable course of study. Furthermore, the applicant admitted during the hearing that their true intention in Australia was to work, not to study, and that they sought the review to "delay the process." As the applicant did not meet the enrolment requirements and had not demonstrated a genuine intention to study, the Tribunal concluded that the relevant clauses of the Regulations were not met.

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