Matharu (Migration)

This matter concerned an application by Jaspreet Kaur Matharu for review of a decision by a delegate of the Minister for Immigration to refuse her a Student (Temporary) Class TU visa, subclass 500. The applicant sought to undertake study in Australia. The delegate had refused the visa on the basis that the applicant did not satisfy clause 500.2.2 of Schedule 2 to the Migration Regulations 1994, finding she was not a genuine student intending to stay temporarily in Australia. The review before the Tribunal focused on whether the applicant met the enrolment requirements for a student visa at the time of the Tribunal's decision.

The Tribunal was required to determine whether the applicant satisfied the primary criteria for a subclass 500 student visa, specifically clause 500.2.11, which mandates that the applicant be enrolled in a full-time registered course at the time of the decision. A registered course is defined as one provided by an institution registered under the Education Services for Overseas Students Act 2000 to provide courses to overseas students. The applicant did not claim to meet any alternative criteria within clause 500.2.11.

The Tribunal noted that the applicant had been invited to provide evidence of enrolment in a full-time registered course at least seven days prior to the hearing. This evidence had not been provided. The applicant had also not provided a Confirmation of Enrolment, which would have demonstrated her enrolment in a registered course. Without this evidence, the Tribunal could not be satisfied that the applicant met the enrolment requirements for the visa.

Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.