Satinderpal Singh (Migration)

This matter concerned an application for review by Satinderpal Singh and another applicant (the applicants) of a decision by a delegate not to grant them a Student (Temporary) (Class TU) visa. The review was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicants had satisfied the criteria for a Subclass 500 (Student) visa, specifically the primary criterion set out in clause 500.211 of Schedule 2 to the Regulations. This clause requires an applicant to be enrolled in a course of study, or meet one of several alternative conditions.

The Tribunal reasoned that it was for the review applicant to provide sufficient detail to enable the Tribunal to establish the relevant facts. In this instance, the Tribunal noted that it did not have before it any recent evidence demonstrating that the primary applicant was presently enrolled in an approved course of study as required by clause 500.211(a). Consequently, the Tribunal was not satisfied that this criterion had been met. The Tribunal affirmed the delegate's decision not to grant the visa.