KHOSA (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa (Subclass 500) made by the applicant, KHOSA. The dispute centred on whether the applicant was a genuine applicant for entry and stay as a student, with the primary issues being the lack of a Certificate of Enrolment and insufficient evidence of financial capacity to fund study.

The Tribunal was required to determine if the applicant met the prerequisites for the visa, specifically the requirement for enrolment in an applicable course of study. The applicant's stated reason for not being enrolled was an inability to fund their studies, which directly impacted the assessment of their genuine intention to study in Australia.

The Tribunal reasoned that the absence of a Certificate of Enrolment meant a crucial prerequisite for the visa was not met. Given the applicant's own admission of financial difficulty as the reason for non-enrolment, the Tribunal concluded there was no evidence before it demonstrating current enrolment in a course. Consequently, the Tribunal affirmed the decision not to grant the visa.