Gottimukkala (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Home Affairs to refuse Mr Manhar Gottimukkala and Ms Rahita Gongada a Student (Temporary) (Class TU) visa. The applicants sought to undertake study in Australia. The delegate had refused the visa on the grounds that Mr Gottimukkala did not satisfy the requirements of clause 500.212 of Schedule 2 to the Migration Regulations, specifically that he was not a genuine student intending to stay in Australia temporarily.

The primary issue before the Tribunal was whether Mr Gottimukkala met the enrolment requirements for a student visa at the time of the Tribunal's decision. This involved determining if he was enrolled in a "full-time registered course" as defined by the Migration Regulations. The Tribunal noted that while the delegate's focus was on the genuine temporary entrant criterion, the Tribunal's task was to assess the current enrolment requirements.

The Tribunal reasoned that clause 500.211 of Schedule 2 to the Regulations requires an applicant to be enrolled in a course of study at the time of the decision. A "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered under the Education Services for Overseas Students Act 2000. The Tribunal observed that despite being invited to provide evidence of enrolment in a full-time registered course at least seven days prior to a hearing, such evidence was not provided. The documentation submitted, including a confirmation of enrolment for a Diploma of Leadership and Management, indicated a course that had commenced on 10 January 2020 and ended on 21 August 2020, which was prior to the Tribunal's hearing date.