Sifath (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Immigration to refuse Mr Mohammad Abu Sifath a Student (Temporary) (Class TU) visa, subclass 500. Mr Sifath had applied for the visa to undertake study in Australia. The delegate's refusal was based on the applicant not satisfying clause 500.212 of the Migration Regulations, specifically concerning whether he was a genuine student intending to stay temporarily in Australia.

The primary legal issue before the Tribunal was whether Mr Sifath was enrolled in a full-time registered course of study at the time of the Tribunal's decision, as required by clause 500.211 of the Migration Regulations. The regulations define a "course of study" as a full-time registered course, and a "registered course" as one provided by an institution or body registered under the Education Services for Overseas Students Act.

The Tribunal noted that Mr Sifath had been invited to provide evidence of his enrolment in a full-time registered course at least seven days before the hearing, but this evidence was not provided. At the hearing, Mr Sifath was again asked to provide proof of current enrolment and was unable to do so. He candidly admitted in sworn evidence that he was last enrolled in a course in November 2018 and was not currently enrolled in any course of study in Australia. Consequently, the Tribunal was not satisfied that Mr Sifath met the requirement of clause 500.211.

The Tribunal affirmed the delegate's decision to refuse the visa.