Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision by the delegate for Immigration to refuse to grant the applicant a Student (Temporary) (Class TU) visa, Subclass 500. The applicant had made the visa application on 1 September 2016 and appeared before the Tribunal represented by a migration representative.

The primary legal issue before the Tribunal was whether the applicant met the enrolment requirements for a Subclass 500 visa at the time of the Tribunal's decision. Specifically, the Tribunal had to determine if the applicant was enrolled in, or the subject of a current offer of enrolment in, a course of study that satisfied the relevant regulations for the visa subclass.

The Tribunal reasoned that, with limited exceptions not applicable to the applicant, regulations require an applicant to hold a current certificate of enrolment at the time of the decision. As the applicant did not provide evidence of a current, unexpired, or uncancelled certificate of enrolment, and was not within any of the specified exempt categories, the Tribunal concluded that the applicant could not meet this mandatory criterion. The applicant had been informed of this requirement and invited to provide the necessary documentation prior to the hearing, but failed to do so.

Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.