Memon (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse Mr. Abdul Waheed Memon a Student (Temporary) (Class TU) visa, subclass 500. Mr. Memon had applied for the visa on 18 September 2019, but the delegate refused to grant it on the grounds that he failed to provide evidence of current enrolment in a registered course of study, as required by Clause 500.211 of Schedule 2 to the Migration Regulations.

The primary legal issue before the Tribunal was whether Mr. Memon satisfied the requirements of Regulation 500.211 at the time of the decision. This regulation mandates that an applicant for a student visa must be enrolled in a registered course of study, unless they fall under specific exceptions related to postgraduate thesis marking, foreign affairs, or defence students, none of which were claimed by Mr. Memon.

The Tribunal considered Mr. Memon's submissions, including his account of studying ELICOS courses, failing units in a Project Management course, and subsequently enrolling in a Master of Management Information Systems. He stated that financial difficulties, stemming from his father's business issues in Pakistan, prevented him from paying fees, and that his last period of study was in September 2019. He also indicated that an education provider was willing to enrol him in the Master of Management Information Systems course if a new visa were granted. However, the Tribunal noted that the Provider Registration and International Student Management System (PRISMs) indicated he was not currently enrolled in any Commonwealth Registered Institution and Courses for Overseas Students (CRICOS) registered course, and he had not provided evidence of a valid confirmation of enrolment despite being given ample time. The Tribunal concluded that Mr. Memon did not satisfy Regulation 500.211 because he was not enrolled in a course of study at the time of the decision.