Singh (Migration)

This matter concerned an application for review of a decision not to grant a Student (Temporary) (Class TU) visa, Subclass 500 (Student). The applicant sought to undertake a Certificate III in Carpentry. The Tribunal was required to determine whether the applicant met the criteria for the grant of the visa, specifically concerning their enrolment in a registered course of study.

The primary legal issue before the court was whether the applicant had satisfied the enrolment criterion stipulated in clause 500.211 of the Regulations, which is a prerequisite for the grant of a Subclass 500 visa. The court also considered the implications of the applicant's failure to respond to the Tribunal's invitations to provide current information regarding their enrolment status.

The court reasoned that the criterion in clause 500.211, requiring current enrolment in a registered course of study, is fundamental to a student visa application. The Tribunal's searches of the Provider Registration and International Student Management System (PRISMS) indicated that the applicant's enrolments had been cancelled and that they remained unenrolled. Despite being invited to provide comments or respond to this information, the applicant failed to do so. The court found that without evidence of current enrolment, the primary criteria for the visa could not be met, and therefore, the decision under review was affirmed.