KALLURI (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to refuse to grant Mr Hrudaya Subhakar Kalluri a Student (Temporary) (Class TU) visa, subclass 500 (Student) visa. Mr Kalluri had applied for the visa to undertake study in Australia. The delegate refused the visa on the basis that Mr Kalluri did not satisfy the requirements of clause 500.212 of Schedule 2 to the Migration Regulations 1994, as the delegate was not satisfied that he was a genuine student intending to stay in Australia temporarily.

The Administrative Appeals Tribunal was required to determine whether Mr Kalluri met the enrolment requirements for a student visa at the time of the Tribunal's decision. Specifically, the Tribunal considered whether Mr Kalluri was enrolled in a course of study, as mandated by clause 500.211(a) of the Regulations, which requires an applicant to be enrolled in a full-time registered course.

The Tribunal noted that Mr Kalluri had been invited to provide evidence of enrolment in an approved course of study at least seven days before the hearing, but failed to do so. As no evidence of enrolment was provided, the Tribunal found that Mr Kalluri had not satisfied the primary criteria for the subclass 500 student visa.

Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.