Manpreet Kaur (Migration)

The Administrative Appeals Tribunal affirmed a decision to refuse a Subclass 500 (Student) visa to the applicant, Manpreet Kaur. The dispute centred on whether the applicant met the criteria for the visa, specifically the requirement to be enrolled in a registered course of study at the time of the decision.

The Tribunal was required to determine if the applicant satisfied the enrolment criterion under clause 500.211 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant must be enrolled in a "full-time registered course" at the time of the decision. The Tribunal also considered the applicant's compliance with Direction No. 69, which provides guidance on assessing the genuine temporary entrant criterion for student visas.

The Tribunal found that the applicant's provided Confirmation of Enrolment (COE) had expired prior to the decision date and therefore carried no weight. Furthermore, the applicant's academic transcripts only detailed progress up to June 2018, and there was no evidence of current enrolment in a registered course of study that would extend beyond June 2019, which was the delegate's finding regarding the Master of Professional Accounting course. Consequently, the Tribunal concluded that the applicant failed to satisfy the primary criterion of enrolment in a course of study.

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