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 Karanbir Singh a Student (Temporary) (Class TU) visa, subclass 500 (Student). 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 clause 500.212 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 required to determine whether Mr Singh met the enrolment requirements for a student visa at the time of the Tribunal's decision.

The primary legal issue before the Tribunal was whether Mr Singh was enrolled in a course of study as required by clause 500.211(a) of the Regulations. This clause mandates that at the time of the decision, the applicant must be enrolled in a full-time, registered course. A registered course is defined as one provided by an institution registered under Division 3 of Part 2 of the Education Services for Overseas Student Act 2000 to provide such courses to overseas students.

The Tribunal noted that Mr Singh had been invited in writing to provide evidence of his enrolment at least seven days before the hearing, and again at the hearing itself. This evidence, such as a Certificate of Enrolment, was not provided. In his sworn evidence, Mr Singh confirmed that he was last enrolled in an Advanced Diploma of Management in July 2016 and that he was not currently enrolled, nor did he have a valid offer of enrolment, in any course of study in Australia. Consequently, the Tribunal found that Mr Singh did not meet the enrolment requirements for the visa. The Tribunal affirmed the delegate's decision to refuse the visa.