Navdeep Singh (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant, Navdeep Singh, sought to demonstrate that he met the criteria for the visa, including the requirement to be enrolled in a registered course of study.

The Tribunal was required to determine whether the applicant satisfied the primary criterion under clause 500.211 of Schedule 2 to the Regulations, which mandates that an applicant be enrolled in a course of study at the time of the decision. The definition of a "course of study" includes a "full-time registered course," with "registered course" referring to a course provided by an institution registered to offer such courses to overseas students. The Tribunal noted that evidence of current enrolment is fundamental, as it signifies a legally binding contract with a registered provider and is a continuing condition of the visa itself.

The Tribunal found that while the applicant had previously indicated enrolment in a Diploma of Leadership and Management and an Advanced Diploma of Leadership and Management, this was no longer the case. An examination of the Provider Registration and International Student Management System (PRISMS) register revealed that the applicant did not hold a current Confirmation of Enrolment (CoE) in a registered course of study. The applicant's most recent enrolments had been cancelled on 14 June 2020, and there was no evidence of subsequent enrolment. Consequently, the Tribunal concluded that the applicant had failed to satisfy the essential criterion of being enrolled in a registered course of study.

The Tribunal affirmed the decision under review.