Singh (Migration)

This matter concerned an application for review of a decision not to grant a Subclass 500 (Student) visa. The applicant, Mr. Singh, sought to challenge the delegate's decision to refuse his visa application. The Tribunal was required to determine whether Mr. Singh met the criteria for the grant of the visa, specifically the enrolment requirement.

The primary legal issue before the Tribunal was whether Mr. Singh satisfied clause 500.211 of Schedule 2 to the Regulations, which requires an applicant to be enrolled in a full-time registered course at the time of the decision. The Tribunal also considered the definitions of "course of study" and "registered course" as provided in the Regulations.

The Tribunal noted that Mr. Singh had not provided any evidence of enrolment in a course of study, despite being invited to do so by the Tribunal and having been previously requested by the department to provide a new Confirmation of Enrolment (COE) after his initial COEs were cancelled. Mr. Singh did not attend the hearing or provide any submissions. The Tribunal found that Mr. Singh had been aware of the enrolment requirement since April 2019 and had ample opportunity to enrol in a specified course, but failed to do so. Consequently, the Tribunal concluded that the criteria for the grant of a Subclass 500 (Student) visa were not met.

The Tribunal affirmed the decision not to grant Mr. Singh a Student (Temporary) (Class TU) visa.