Gulati (Migration)

The Administrative Appeals Tribunal considered the case of Mr Gulati, an Indian national seeking a Subclass 500 (Student) visa. The dispute centred on whether Mr Gulati met the criteria for this visa, specifically concerning his enrolment in a registered course of study.

The Tribunal was required to determine if Mr Gulati was enrolled in a full-time registered course of study at the time of the decision, as stipulated by clause 500.211 of the Regulations. This clause defines a "course of study" as a "full-time registered course," with "registered course" referring to a course provided by an institution registered under the *Education Services for Overseas Students Act 2000* to provide such courses to overseas students.

The Tribunal noted that Mr Gulati had previously held various student and temporary graduate visas since arriving in Australia in 2014. While he had completed a Bachelor of Commerce in India and several qualifications in Australia, including a Diploma of Human Resources Management and an Advanced Diploma of Management (Human Resources), the crucial issue was his current enrolment. The Tribunal requested further information from Mr Gulati regarding his studies and his genuine intention to study in Australia. Based on the evidence, including Certificates of Enrolment (COEs) indicating his Advanced Diploma course was due to conclude on 23 May 2021, the Tribunal found that the criteria for the visa were not met.

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