Kaur (Migration)

The Administrative Appeals Tribunal affirmed a decision to refuse a Student (Temporary) (Class TU) visa, subclass 500 (Student), to the applicant, Ms. Kaur. The primary dispute concerned whether Ms. Kaur met the genuine temporary entrant requirements for the visa.

The Tribunal was required to determine if Ms. Kaur was a genuine applicant for entry and stay as a student, considering the delegate's refusal on the grounds that she was not a genuine temporary entrant. A key issue was whether Ms. Kaur was currently enrolled in a course of study, as this is a prerequisite for the grant of a student visa.

The Tribunal reasoned that current enrolment in a course of study is a fundamental requirement for a student visa, as it underpins other evidentiary considerations such as financial capacity and the duration of stay. Despite being invited to provide evidence of current enrolment, Ms. Kaur stated that she was not currently enrolled and did not hold an offer of enrolment. This lack of current enrolment, coupled with her statement that it would be difficult to return home after a decade in Australia, led the Tribunal to conclude that she did not satisfy the criteria for a student visa. The Tribunal affirmed the delegate's decision.