Okamoto (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Student (Temporary) (Class TU) visa, specifically a Subclass 572 Vocational Education and Training Sector visa. The core dispute revolved around whether the applicant met the enrolment requirements for such a visa at the time of the Tribunal's decision.

The Tribunal was required to determine if the applicant satisfied the relevant legislative criteria concerning enrolment in a course of study. Specifically, it needed to ascertain whether the applicant was currently enrolled in, or the subject of a current offer of enrolment in, a principal course of study as prescribed by the Migration Regulations, and whether any exceptions for eligible students applied.

The Tribunal reasoned that, with limited exceptions not applicable to the applicant, the Migration Regulations require an applicant for a student visa to be enrolled in, or have a current offer of enrolment in, a specified course of study at the time of the decision. Evidence before the Tribunal, including information from the applicant and departmental records, indicated that the applicant was not currently enrolled and had not provided evidence of a current offer of enrolment, with her previous enrolment having ceased in September 2017. Consequently, the Tribunal found that the applicant did not meet the enrolment requirements for a Subclass 572 visa, nor did she meet the criteria for other relevant visa subclasses within Class TU.

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