SINGH (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), brought before the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant the visa.

The central legal issue before the Tribunal was whether the applicant was enrolled in an approved course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Migration Regulations 1994. The Tribunal was required to determine if the applicant satisfied this primary criterion for the grant of a student visa.

The Tribunal reasoned that the applicant had failed to provide evidence of current enrolment in a full-time registered course, despite being repeatedly invited to do so by the Tribunal. The applicant was informed that a Certificate of Enrolment (COE) was required and was given an opportunity to comment on information that indicated a lack of such enrolment. As the applicant did not provide the necessary documentation to demonstrate enrolment in an approved course of study, the Tribunal concluded that the criteria for the visa were not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.