Singh (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500, made by Mr. Singh. The central dispute concerned whether Mr. Singh had provided sufficient evidence of current enrolment in a course of study, a requirement for the visa.

The primary legal issue before the Tribunal was to determine if the applicant met the criterion of current enrolment for the Subclass 500 visa, particularly in light of new evidence presented. This involved assessing whether the provided documentation satisfied the requirements of clause 500.211 of Schedule 2 to the relevant Regulations.

The Tribunal found that the applicant had provided evidence of current enrolment. Specifically, the applicant's PRISMS records showed enrolment in a Certificate IV in Commercial Cookery from 30 July 2018 to 1 December 2019, and a Diploma of Hospitality Management from 27 January 2019 to 19 July 2020. Satisfied that this new evidence met the criterion, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration, directing that the applicant meets the specified criteria for the visa.