KAUR (Migration)

The Administrative Appeals Tribunal considered the case of KAUR, an applicant for a Student (Temporary) (Class TU) visa (Subclass 500). The primary issue before the Tribunal was whether the applicant satisfied the criteria for the visa, specifically concerning her enrolment in a course of study.

The Tribunal was required to determine if the applicant was enrolled in a full-time registered course of study at the time of the decision, as mandated by clause 500.211 of the Migration Regulations 1994. The applicant was invited to provide evidence of current enrolment, such as a Certificate of Enrolment (COE), but failed to do so.

The Tribunal accepted the applicant's evidence regarding miscarriages in mid-2017 and April 2018, and her subsequent treatment for depression and anxiety. However, the Tribunal found no evidence that the applicant was unable to resume her studies after her approved leave until 31 October 2017, or at any time after her miscarriages in 2018. Despite stating she could re-enrol, the applicant did not provide satisfactory reasons for her failure to do so. As the primary applicant did not satisfy the criterion of being enrolled in a course of study, the secondary applicants, who applied jointly, also failed to meet the visa requirements. Consequently, the Tribunal affirmed the decisions not to grant the applicants Student (Temporary) (Class TU) visas.