Jandu (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister to refuse a student visa (subclass 500) to Amninderpal Jandu, a citizen of India. Mr. Jandu had applied for the visa on 7 December 2017, and the delegate's refusal decision was made on 14 February 2018. The visa is governed by regulations that permit non-citizens to enter and remain in Australia for full-time temporary study.

The primary legal issue before the Tribunal was whether Mr. Jandu satisfied the criteria for the grant of a student visa. While the delegate's decision focused on the genuine temporary entrant criteria under clause 500.212 of the Regulations, the Tribunal identified a more fundamental issue concerning clause 500.211. This clause mandates that an applicant must be enrolled in a registered course of study at the time the Tribunal makes its decision.

During the hearing, the Tribunal questioned Mr. Jandu about his current enrolment status. He provided oral evidence stating that he was not enrolled in a registered course of study and that his course provider had cancelled his confirmation of enrolment the previous year. He also indicated that he had not attended any classes since some time last year and was unable to produce any documentary evidence of current enrolment. Based on this evidence, the Tribunal affirmed the delegate's decision to refuse the visa.