GURVINDER SINGH (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, brought before the Administrative Appeals Tribunal. The applicant, Gurvinder Singh, sought review of a decision not to grant the visa. The central dispute revolved around whether the applicant met the criteria for the visa, specifically concerning current enrolment in a course of study.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be enrolled in a course of study at the time of the decision. The Tribunal was also required to consider the definitions of "course of study" and "registered course" as provided in the Regulations and the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that clause 500.211 mandates enrolment in a "full-time registered course" at the time of the decision. It found no evidence before it to demonstrate that the applicant was currently enrolled in such a course. Consequently, the Tribunal was not satisfied that this essential criterion for the subclass 500 visa was met. As the applicant did not claim to meet the criteria for an alternative visa, the subclass 590 (Student Guardian) visa, the Tribunal concluded that the decision under review, which refused the visa, should be affirmed.