Gurung (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to refuse to grant the applicant, Mr. Gurung, a Subclass 500 Student visa. The applicant had applied for the visa to undertake study in Australia. The delegate's refusal was based on the applicant not satisfying the requirements of cl.500.212 of Schedule 2 to the Migration Regulations 1994, specifically that the delegate was not satisfied the applicant was a genuine student intending to stay in Australia temporarily.

The Tribunal was required to determine whether the applicant met the enrolment requirements for a Student visa at the time of the Tribunal's decision. This involved considering whether the applicant was enrolled in a course of study, as mandated by cl.500.211 of Schedule 2 to the Regulations. The definition of "course of study" under cl.500.111 requires a full-time registered course, with "registered course" defined in r.1.03 of the Regulations by reference to registration under the Education Services for Overseas Students Act 2000.

The Tribunal noted that the applicant had been invited to provide evidence of current enrolment at least seven days prior to the hearing, and again at the hearing itself. The applicant provided no such evidence. In sworn evidence, the applicant confirmed that their last enrolment was in a Diploma of Leadership and Management in approximately November 2019 and that they were not currently enrolled in any course of study in Australia. Consequently, the Tribunal found there was no evidence before it that the applicant was currently enrolled in any course of study. The Tribunal affirmed the delegate's decision to refuse the visa.