Khan (Migration)

This matter concerned an appeal by an applicant for a Student (Temporary) (Class TU) visa, specifically Subclass 572 Vocational Education and Training Sector, to the Administrative Appeals Tribunal. The applicant had previously had a visa application refused, and the Federal Circuit Court had remitted the matter for reconsideration. The central dispute revolved around whether the applicant met the mandatory enrolment requirement for the visa subclass.

The Tribunal was required to determine whether the applicant satisfied the enrolment requirement as stipulated by the Migration Regulations. This involved assessing whether the applicant was enrolled in, or held a current offer of enrolment for, a registered course of study that was a principal course and of a type specified for the relevant subclass, at the time of the decision. The Tribunal also considered whether the applicant fell within any of the specified exceptions to this general requirement, such as being an eligible higher degree student, eligible university exchange student, or eligible non-award student.

The Tribunal reasoned that the applicant had failed to provide evidence of current enrolment or a current offer of enrolment, despite being invited to do so by the Tribunal. The applicant also confirmed during the hearing that he was not presently enrolled as required. The Tribunal examined the Provider Registration and International Student Management System records, which corroborated the applicant's testimony. As the applicant did not meet the criteria for any of the relevant student visa subclasses, including Subclass 572, and did not qualify for any exceptions, the Tribunal concluded that the enrolment requirement was not met.

Consequently, the Administrative Appeals Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.