Singh (Migration)

This matter concerned an appeal by an applicant, Mr Singh, against a decision to refuse his application for a Student (Temporary) (Class TU) Subclass 572 Vocational Education and Training Sector visa. The applicant had initially come to Australia in 2009 to pursue studies with the intention of returning to Dubai to work in his father's automotive business. However, due to unforeseen circumstances affecting his father's business, the applicant's plans changed, and he subsequently applied for the subclass 572 visa in May 2014 to study management and marketing. The appeal was heard by the Migration Review Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the enrolment requirements for a student visa at the time of the decision. This involved considering the applicant's stated intentions, his academic pursuits, and his decision to defer studies while awaiting the outcome of his appeal to the Tribunal. The Tribunal also had to assess the significance of the applicant's work experience and his subsequent enrolment in a Diploma of Marketing and an Advanced Diploma of Marketing.

The Tribunal accepted the applicant's evidence regarding his changed circumstances and his initial intentions. It noted that while the applicant had initially intended to return to Dubai, the loss of his father's business altered these plans. The Tribunal found that the applicant had indeed enrolled in and completed a Diploma of Marketing and an Advanced Diploma of Marketing, as evidenced by the PRISMS printout. Crucially, the Tribunal considered the applicant's decision to defer studies while awaiting the Tribunal's decision, acknowledging that he was aware of the requirement to be studying to qualify for the visa. The Tribunal affirmed the delegate's decision.