Singh (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), made by Mr. Singh. The applicant sought to undertake study in Australia. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the enrolment requirements for a student visa at the time of the AAT's decision.

The central legal issue before the Tribunal was whether the applicant was enrolled in a course of study as required by clause 500.211 of Schedule 2 to the Migration Regulations 1994. This clause mandates that at the time of the decision, the applicant must be enrolled in a full-time registered course. The Tribunal noted that the applicant had not provided evidence of current enrolment, despite being requested to do so on multiple occasions.

The Tribunal found that the applicant, in sworn evidence, confirmed that his last course of study, a Certificate III in Light Vehicle Mechanical Technology, was cancelled in March 2018 and that he was not currently enrolled in any course of study in Australia. While acknowledging the applicant's inability to enrol due to bridging visa conditions, the Tribunal concluded that this did not alter the factual finding that he was not enrolled in a current course of study. Consequently, the Tribunal affirmed the delegate's decision.