Gupta (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant, Mr Ankur Gupta, sought to remain in Australia as a student. The Tribunal was required to determine whether the applicant met the criteria for the grant of the visa, specifically the requirement of enrolment in a course of study.

The Tribunal considered clause 500.211 of Schedule 2 to the Migration Regulations, which requires an applicant to be enrolled in a course of study at the time of the decision. While the applicant had provided a Confirmation of Enrolment (COE) for a Diploma of Business course that commenced on 5 August 2019, this COE had expired by the time of the Tribunal's decision. The applicant had not provided a current COE or any other evidence to demonstrate ongoing enrolment in a registered, full-time course of study.

The Tribunal found that the applicant had failed to satisfy the primary criterion under clause 500.211. As a result, the Tribunal was not satisfied that the applicant was enrolled in a course of study at the time of the decision. Consequently, the Tribunal affirmed the decision not to grant the applicants a Student (Temporary) (Class TU) visa.