SINGH (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, 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 met the criteria for the grant of a Subclass 500 visa, specifically whether the applicant was enrolled in a registered course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Regulations.

The Tribunal considered the applicant's history of study in Australia, including difficulties with a previous course and personal circumstances affecting his studies. While the applicant provided evidence of a letter of offer for a Diploma of Marketing and Communications, he confirmed during the hearing that he was not currently enrolled in any course, his last enrolment having been cancelled in August 2017. As the applicant did not claim to meet any alternative criteria and was not enrolled in a registered course of study at the time of the decision, the Tribunal found that clause 500.211 was not satisfied.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 visa, as the primary criteria for the visa were not met.