Kapoor (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Immigration to refuse to grant the applicant a Student (Temporary) (Class TU) (Subclass 500) visa. The applicant had applied for the visa on 25 October 2016 to undertake study in Australia. The delegate's refusal was based on the applicant failing to provide evidence of financial capacity as required by clause 500.214(3) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant met the enrolment requirements for a Student visa at the time of the Tribunal's decision. Specifically, the Tribunal had to determine if the applicant was enrolled in a course of study, as mandated by clause 500.211(a) of the Regulations, which defines a course of study as a "full-time registered course." A registered course is one provided by an institution registered under the Education Services for Overseas Students Act 2000.

The Tribunal noted that the applicant had been requested to provide evidence of enrolment at least seven days before the hearing, but this evidence was not supplied. In a subsequent submission, the applicant stated he was unable to provide confirmation of enrolment due to involvement in drug activities. As the applicant did not claim to meet any alternative criteria and had failed to provide evidence of current enrolment in a full-time registered course, the Tribunal found that the applicant did not satisfy the requirements of clause 500.211. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.