Singh (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister to refuse Hirdepreet Singh, a citizen of India, a temporary student visa. Mr. Singh applied for the visa on 30 August 2017, and the delegate refused it on 2 November 2017, finding that he did not meet the requirements of clause 500.212 of the Migration Regulations, specifically the genuine temporary entrant criterion.

The primary legal issue before the Tribunal was whether Mr. Singh satisfied the criteria for a student visa. While the delegate's decision focused on the genuine temporary entrant requirement, it became apparent during the hearing that Mr. Singh also failed to meet other mandatory criteria. Specifically, the Tribunal had to determine if Mr. Singh was enrolled in a course of study at the time of the Tribunal's decision, as required by clause 500.211 of the Migration Regulations.

The Tribunal found that Mr. Singh was not enrolled in a registered course of study at the time of the hearing. He stated that his previous enrolment in a Bachelor of Business had been cancelled by the course provider, and his registered migration agent confirmed this lack of current enrolment. The Tribunal had previously advised Mr. Singh in writing that proof of enrolment was a necessary requirement for a student visa. Consequently, the Tribunal was not satisfied that Mr. Singh met the enrolment criterion under clause 500.211(a) of the Regulations.