Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Jaswant Singh, an applicant for a Student (Temporary) (Class TU) visa, subclass 500. Mr. Singh's initial visa application had been refused by the delegate on the grounds that he was not a genuine student intending to stay in Australia temporarily. The AAT was tasked with reviewing this decision.

The primary legal issue before the Tribunal was whether Mr. Singh met the enrolment requirements for a Student visa at the time of the AAT's decision. Specifically, the Tribunal had to determine if Mr. Singh was enrolled in a full-time registered course of study, as mandated by clause 500.211 of Schedule 2 to the Migration Regulations.

The Tribunal reasoned that the definition of a "registered course" under the Regulations refers to a course provided by an institution registered under the relevant Act. Clause 500.211 requires an applicant to be enrolled in such a course at the time of the decision. Despite being invited to provide evidence of enrolment and being specifically requested to do so by the Tribunal, Mr. Singh failed to produce any documentation confirming his enrolment. Furthermore, in his sworn evidence, Mr. Singh admitted that he was not currently enrolled in a course of study.

Consequently, the Tribunal found that Mr. Singh did not satisfy the enrolment criteria for a subclass 500 Student visa. The decision of the delegate was affirmed.