ISMAEIL (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, reviewed by the Administrative Appeals Tribunal. The applicant sought to have a decision not to grant the visa set aside.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion requiring enrolment in an approved course of study at the time of the decision, as stipulated by clause 500.211 of the Migration Regulations 1994. This required the applicant to be enrolled in a "full-time registered course" as defined by the Regulations.

The Tribunal considered that the applicant had failed to provide a Certificate of Enrolment or other documentary evidence demonstrating current enrolment in a registered course, despite being repeatedly requested to do so. While the applicant claimed to have been enrolled in a Diploma of Hospitality Management, evidence from the Provider Registration and International Student Management System (PRISMS) indicated that this enrolment had been cancelled. The Tribunal found that the applicant had not met the essential criterion of being enrolled in an approved course of study.

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