Singh (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by Mr. Singh. The dispute concerned whether Mr. Singh had provided sufficient evidence of his enrolment in a course of study, a criterion for the visa. The decision was made by Senior Member P. Wood.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criterion for enrolment in a course of study as required by cl.500.211 of Schedule 2 to the Regulations. This involved assessing the documentary evidence provided by the applicant to demonstrate his commitment to undertaking a course.

The Tribunal's reasoning focused on new evidence presented by the applicant at a hearing on 16 July 2018. This evidence was a copy of his confirmation of enrolment in a Diploma of Business vet level course at the Barkly International College. Being satisfied that this new evidence met the relevant criterion, the Tribunal concluded that the matter should be remitted for reconsideration.

Consequently, the Tribunal remitted the application for reconsideration, with the direction that the applicant meets the specified criteria for a Subclass 500 visa.