SINGH (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to refuse to grant Mr Gopal Singh a Student (Temporary) (Class TU) visa, subclass 572 (Vocational Education and Training sector). Mr Singh had applied for the visa to undertake study in Australia. The delegate refused the visa on the basis that Mr Singh did not satisfy the requirements of clause 572.223(1)(a) of Schedule 2 to the Migration Regulations 1994, as the delegate was not satisfied he was a genuine student intending to stay in Australia temporarily. The Administrative Appeals Tribunal was asked to determine whether Mr Singh met the enrolment requirements for a student visa at the time of the Tribunal's decision.

The 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 Migration Regulations 1994 generally require that, at the time of decision, an applicant for a student visa must be enrolled in, or have a current letter of enrolment for, a principal course of study specified for the relevant subclass. Mr Singh had been invited to provide a copy of his current certificate of enrolment to the Tribunal at least seven days before the hearing, but failed to do so. He was again requested to provide this document at the hearing, which he did not.

In his sworn evidence before the Tribunal, Mr Singh confirmed that he was last enrolled in a Diploma of Building and Construction Management, but that his Confirmation of Enrolment had been cancelled before its expiry date of 25 June 2017. He further confirmed that he was not currently enrolled in, nor did he have an offer of enrolment for, any course of study in Australia. As no evidence of current enrolment or an offer of enrolment could be provided to the Tribunal, Mr Singh failed to satisfy the enrolment requirements for a student visa. The Tribunal affirmed the delegate's decision to refuse to grant the visa.