Patel (Migration)

This matter concerned an appeal by Pinal Sanket Patel and two dependent applicants against a decision to refuse them Student (Temporary) (Class TU) visas, specifically Subclass 500 (Student) visas. The primary issue before the Administrative Appeals Tribunal was whether the applicant, Pinal Sanket Patel, met the criteria for the visa, particularly the requirement to be enrolled in a course of study at the time of the decision.

The Tribunal was required to determine if the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which mandates that an applicant for a Subclass 500 visa must 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. The Tribunal also considered whether the applicant was entitled to appear before it, given no response to a section 359(2) invitation.

The Tribunal found that while there was evidence of the applicant's previous enrolment in a Diploma of Leadership and Management, there was no evidence before it demonstrating current enrolment in a course of study. Consequently, the Tribunal was not satisfied that clause 500.211 was met. As the primary applicant failed to meet this criterion, the dependent applicants also failed to meet their respective criteria under clause 500.311.

Accordingly, the Tribunal affirmed the decision not to grant the Student (Temporary) visas to the applicants.