Singh (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, where the applicant, Mr. Singh, sought review of a decision not to grant him the visa. The primary issue before the Tribunal was whether the applicant met the criteria for the visa, specifically the requirement to be enrolled in a course of study.

The Tribunal was required to determine if the applicant satisfied clause 500.211 of Schedule 2 to the Regulations, which mandates that an applicant must be enrolled in a course of study at the time of the decision. The definition of "course of study" under clause 500.111 refers to a "full-time registered course," and "registered course" is further defined by reference to the Education Services for Overseas Students Act 2000.

The Tribunal found that the applicant admitted he did not possess a current Confirmation of Enrolment in a registered course of study. Furthermore, he acknowledged that while he had enrolled in an English course in July 2017, he had never commenced it. Based on this evidence, the Tribunal concluded that the applicant was not enrolled in a course of study as required by clause 500.211, and therefore, the criteria for the Subclass 500 (Student) visa were not met. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.