Kaur (Migration)

This matter concerned an appeal by the applicants, a 24-year-old female Indian citizen and her spouse, against the decision of the Tribunal to affirm the refusal of their Student (Temporary) (Class TU) visas. The primary applicant had arrived in Australia on 12 June 2019.

The central legal issue before the Tribunal was whether the primary applicant met the criterion of being enrolled in a registered course of study, as required by clause 500.211 of the Migration Regulations 1994. This criterion is a prerequisite for the grant of a student visa, and consideration of other primary criteria is premised on its satisfaction.

The Tribunal reasoned that the primary applicant had failed to provide evidence of current enrolment in a registered course of study. In response to a letter issued under s359(2) of the Migration Act 1958, which specifically requested information regarding current enrolment and a Confirmation of Enrolment (CoE), the applicant stated she did not have a current CoE. Furthermore, in detailing her past and proposed studies, she listed courses as "did not complete" or "never started" and did not indicate any current or future enrolments. Absent evidence of current enrolment, the Tribunal concluded that the primary applicant did not meet the essential criteria for a student visa.

Consequently, the Tribunal affirmed the decisions not to grant the applicants' Student (Temporary) (Class TU) visas, finding that the criteria were not met by the primary applicant and therefore also not met by the secondary applicant.