MORANOK (Migration)

This matter concerned an application for review of a decision to refuse a Student (Temporary) (Class TU) visa, specifically a Subclass 572 (Vocational Education and Training Sector) visa. The applicant sought to challenge the decision made by the delegate, which was reviewed by the Tribunal. The core of the dispute revolved around whether the applicant met the essential criterion of being enrolled in, or having a current offer of enrolment in, an applicable course of study at the time of the decision.

The Tribunal was required to determine whether the applicant satisfied the enrolment requirements for a student visa as stipulated by the Migration Regulations. Specifically, the Tribunal had to consider whether the applicant was enrolled in, or the subject of a current offer of enrolment in, a principal course of study of a type specified for the visa subclass, unless an exception applied. The Tribunal also had to assess the applicant's claims regarding her understanding of enrolment requirements following the cancellation of her previous course enrolment.

The Tribunal's reasoning focused on the applicant's admitted lack of current enrolment or offer of enrolment in an applicable course of study. The applicant confirmed that her enrolment in a Certificate IV in Information Technology and a Diploma of Information Technology had been cancelled by Strathfield College due to non-commencement. Despite claiming to have attended, she could not explain what steps she had taken to rectify the cancellation with the college, attributing this to her migration agent. Crucially, the applicant stated she was not enrolled in any further courses and believed she could not enrol in new courses after a cancellation. However, the Tribunal noted that the applicant's Provider Registration and International Student Management System (PRISM) records showed nine previous enrolment cancellations, after which she had successfully enrolled in further courses. This led the Tribunal to find her claim of not knowing she could re-enrol unconvincing.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a Student (Temporary) (Class TU) visa, as the applicant failed to meet the essential criterion of being enrolled in, or having a current offer of enrolment in, an applicable course of study.