Singh (Migration)

This matter concerned an appeal by Mr Hardeep Singh against the refusal of his Student (Temporary) (Class TU) visa, subclass 500 (Student) visa. The initial application was refused by the delegate on 26 June 2017, who was not satisfied that Mr Singh was a genuine temporary entrant. The Administrative Appeals Tribunal was required to determine whether Mr Singh met the enrolment requirements for a Student visa at the time of the Tribunal's decision.

The Tribunal considered the criteria for a subclass 500 Student visa as set out in Part 500 of Schedule 2 of the Migration Regulations. Specifically, Clause 500.211 requires that at the time of the decision, the applicant must be enrolled in a registered course of study, defined as a full-time registered course provided by an institution registered under the Education Services for Overseas Students Act. The applicant was invited to provide evidence of enrolment at least seven days prior to the hearing, but this evidence was not provided.

At the hearing, Mr Singh confirmed that he was not currently enrolled in a course of study. His PRISMS record, which was discussed with him and which he did not seek to adjourn to review, indicated that his last enrolment was on 13 April 2018, and he had not been enrolled in a course of study since that date. Consequently, the Tribunal found that Mr Singh did not meet the enrolment requirements for the visa. The Tribunal affirmed the delegate's decision to refuse the visa.