Kaur (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), before the Tribunal. The applicant sought review of a decision not to grant the visa. The central dispute revolved around whether the applicant met the primary criteria for the visa, specifically the requirement of enrolment in a course of study.

The Tribunal was required to determine whether the applicant satisfied clause 500.211 of Schedule 2 to the Regulations, which mandates that an applicant be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the applicant's explanation for her lack of enrolment.

The Tribunal found that the applicant herself testified that she was not enrolled in a course of study. When asked for an explanation, she provided a reason concerning difficulties contacting her representative, which the Tribunal deemed implausible. As enrolment in a course of study was a mandatory criterion and the applicant could offer no other satisfactory explanation for her non-enrolment, the Tribunal was not satisfied that clause 500.211 was met. Consequently, the Tribunal concluded that the criteria for the grant of the visa were not satisfied.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.