Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by Mr Singh concerning a decision not to grant him a Student (Temporary) (Class TU) visa, subclass 500. The primary issue before the Tribunal was whether Mr Singh met the criteria for the visa, specifically concerning his enrolment in a course of study.

The Tribunal was required to determine if Mr Singh was enrolled in a course of study as defined by the Migration Regulations 1994. This involved assessing whether he held a current Confirmation of Enrolment (CoE) in a full-time registered course, as evidenced by the Provider Registration and International Student Management System (PRISMS). The Tribunal also noted that the delegate's original decision had found Mr Singh not to be a genuine temporary entrant, but this was not the primary focus of the Tribunal's assessment.

The Tribunal reasoned that for a Student visa to be granted, an applicant must meet the primary criteria, including enrolment in a course of study under clause 500.211 of the Regulations. A "course of study" is defined as a "full-time registered course," which in turn requires registration under the Education Services for Overseas Students Act 2000. A PRISMS search, considered reliable evidence by the Tribunal, revealed that Mr Singh had not been enrolled in any course of study since 9 February 2022. Consequently, the Tribunal was not satisfied that Mr Singh met the enrolment criterion at the time of the decision.

Accordingly, the Tribunal affirmed the decision not to grant Mr Singh a Student visa.