Rana Gurkirat Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Rana Gurkirat Singh concerning an application for a Subclass 500 (Student) visa. The dispute arose because the applicant's enrolment in a registered course of study was cancelled due to non-commencement, and the applicant failed to respond to the Tribunal's invitations to provide information or evidence of their enrolment. The matter was heard by Warren Stooke AM.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 visa, specifically clause 500.211 of Schedule 2 to the Regulations, which requires the applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also had to consider the implications of the applicant's failure to respond to the section 359A invitation to comment on information that would likely lead to the affirmation of the delegate's decision.

The Tribunal reasoned that clause 500.211 mandates enrolment in a registered course of study, defined as a full-time registered course. The evidence indicated that the applicant did not hold a current Confirmation of Enrolment, as confirmed by a check of the Provider Registration and International Student Management System (PRISMS). The Tribunal had invited the applicant to comment on this information, highlighting that it was a requirement for the visa grant and that failure to respond could lead to the affirmation of the delegate's decision. As the applicant did not provide any response or request an extension, the Tribunal concluded that the applicant did not meet the essential criterion of being enrolled in a course of study.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.