Hitihamy Mudiyanselage (Migration)

The Administrative Appeals Tribunal considered the case of Hitihamy Mudiyanselage concerning an application for a Student (Temporary) (Class TU) visa, Subclass 500. The primary dispute revolved around whether the applicant met the enrolment requirements for the visa at the time of the decision.

The legal issue before the Tribunal was whether the applicant satisfied the enrolment requirements stipulated by the Migration Regulations. Specifically, the Tribunal had to determine if the applicant was enrolled in, or held a current offer of enrolment for, a principal course of study that met the specified criteria for the visa subclass at the time of the decision, with consideration for any exceptions.

The Tribunal reasoned that, with limited exceptions not applicable to the applicant, the regulations require an applicant to be enrolled in or have a current offer of enrolment in a specified course of study. The evidence indicated that while the applicant was enrolled in an Advanced Diploma of Leadership and Management due to commence on 9 January 2017, Department records showed the applicant did not commence this course. The applicant had previously discontinued a Bachelor of Commerce course on 10 July 2016 and there was no information regarding the completion of earlier courses. Crucially, there was no evidence before the Tribunal that the applicant was currently enrolled or had a current offer of enrolment in any applicable course of study. Consequently, the Tribunal found that the relevant regulatory criteria were not met.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.