Kumar (Migration)

The Administrative Appeals Tribunal considered the case of Mr Kumar, an applicant for a Subclass 500 (Student) visa. The delegate of the Minister had refused to grant the visa, and Mr Kumar sought review of this decision. The core of the dispute concerned whether Mr Kumar met the criteria for a student visa, specifically the genuine temporary entrant requirement and the requirement to be enrolled in a registered course of study.

The Tribunal was required to determine whether Mr Kumar satisfied the primary criteria for a Subclass 500 visa, as set out in the Migration Regulations 1994. This involved assessing whether he was enrolled in a course of study, as defined by the regulations, and whether he was a genuine applicant for entry and stay as a student. The Tribunal also had to consider the definition of a "course of study" as a "full-time registered course" and what constituted a "registered course" under the Education Services for Overseas Students Act 2000.

The Tribunal found that Mr Kumar had not satisfied the primary criteria. He had not provided evidence of current enrolment in a registered course of study. While he had previously completed a Diploma of Electrical Engineering in India and arrived in Australia in April 2018, he had not been enrolled in any course between August 2018 and April 2020. Furthermore, he did not have a current Confirmation of Enrolment. Although he had indicated an intention to study English for Academic Purposes and an Advanced Diploma of Accounting in his initial visa application, he provided no documented evidence to verify that he had undertaken English for Academic Purposes for four months as he claimed in oral evidence.

Consequently, the Tribunal affirmed the delegate's decision to refuse the grant of the Subclass 500 (Student) visa.