Gourav Singh (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, before the Administrative Appeals Tribunal. The applicant, Gourav Singh, sought review of a decision not to grant the visa. The Tribunal was constituted by Member Peter Haag.

The central legal issue before the Tribunal was whether the applicant satisfied the primary criteria for a Subclass 500 visa, specifically clause 500.211 of Schedule 2 to the Regulations. This clause requires that at the time of the decision, the applicant is enrolled in a full-time registered course of study. The applicant did not claim to meet any alternative criteria.

The Tribunal reasoned that to satisfy clause 500.211, the applicant needed to provide evidence, such as a Confirmation of Enrolment, demonstrating current enrolment in a full-time registered course. A "registered course" is defined as one provided by an institution registered under the Education Services for Overseas Students Act 2000. Upon reviewing the Department and Tribunal files, the Tribunal found no evidence to establish to its satisfaction that the applicant was currently enrolled in such a course. Consequently, the Tribunal concluded that clause 500.211 was not met.

As the primary criteria for the visa were not satisfied, and the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the Subclass 500 visa.