MANINDER SINGH (Migration)

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

The primary legal issue before the Tribunal was whether the applicant 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 was also required to consider the definitions of "course of study" and "registered course" as provided within the Regulations and the relevant legislation.

The Tribunal reasoned that clause 500.211(a) mandates enrolment in a course of study at the time of the decision. It noted that a "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered under the Education Services for Overseas Students Act 2000. The Tribunal found no evidence before it demonstrating that the applicant was currently enrolled in such a course. Consequently, the Tribunal was not satisfied that clause 500.211 was met.

As the applicant did not claim to meet alternative criteria for a Subclass 500 visa or the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal concluded that the criteria for the grant of the Subclass 500 visa were not met. Accordingly, the Tribunal affirmed the decision not to grant the applicant the visa.