SHRIMALI (Migration)

The Administrative Appeals Tribunal considered the application of a primary applicant, her husband, and child for a Student (Temporary) (Class TU) visa, subclass 500 (Student). The visa was initially refused by the delegate on the grounds that the primary applicant was not a genuine temporary entrant. The Tribunal's task was to determine whether the primary applicant met the enrolment requirements for the visa at the time of the Tribunal's decision.

The central legal issue before the Tribunal was whether the primary applicant was enrolled in a full-time registered course of study, as mandated by clause 500.211(a) of Schedule 2 to the Migration Regulations 1994. This clause requires an applicant to be enrolled in a course of study 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 noted that while the delegate's decision focused on the genuine temporary entrant criterion, the Tribunal's focus was on the enrolment requirement. Despite being invited to provide evidence of current enrolment at least seven days before the hearing, and being requested to do so again at the hearing, the applicant failed to produce a copy of her confirmation of enrolment. Although the applicant stated she was studying and had received an extension due to medical conditions, this assertion was not substantiated by documentary evidence of current enrolment in a full-time registered course. The Tribunal affirmed the delegate's decision.