Singh (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, specifically a Subclass 500 (Student) visa. The applicant sought to challenge the decision of the delegate. The Tribunal, constituted by Stephen Witts, was required to determine whether the applicant met the criteria for the visa.

The central legal issue before the Tribunal was whether the applicant satisfied the primary criteria for a Subclass 500 visa, as set out in Part 500 of Schedule 2 to the Regulations. Specifically, the Tribunal had to consider whether the applicant was enrolled in a course of study at the time of the decision, as required by cl.500.211(a). The definition of a "course of study" as a "full-time registered course" was also relevant.

The Tribunal found that the applicant acknowledged not being enrolled in a course of study in Australia at the time of the decision, nor had he been enrolled since August 2017, when he completed a Certificate IV in Commercial Cookery. He also confirmed he did not possess a certificate of enrolment. Based on this, the Tribunal concluded that cl.500.211 was not met. As this was a primary criterion for the visa, and the applicant did not claim to meet alternative criteria or criteria for a Subclass 590 (Student Guardian) visa, the Tribunal found that the criteria for the grant of the Subclass 500 visa were not met. Consequently, the Tribunal affirmed the decision not to grant the visa.