Kulvir Singh (Migration)

This matter concerned an application for review by Kulvir Singh of a decision not to grant him a Subclass 500 (Student) visa. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether Mr Singh met the criteria for the grant of this visa.

The primary legal issue before the Tribunal was whether Mr Singh satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be enrolled in a course of study at the time of the decision. The Tribunal also considered whether Mr Singh was entitled to appear before it, following a notice issued under section 359(2) of the Migration Act 1958, to which no response was provided.

The Tribunal found that Mr Singh had not provided a copy of a current Confirmation of Enrolment. It noted that clause 500.211(a) requires an applicant to be enrolled in a "full-time registered course," as defined by the Regulations. As Mr Singh failed to provide evidence of current enrolment, the Tribunal was not satisfied that this criterion was met. Consequently, the Tribunal concluded that the criteria for the grant of a Subclass 500 (Student) visa were not met.

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