Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Singh, who sought review of a decision not to grant him a Student (Temporary) (Class TU) visa, specifically a Subclass 572 (Vocational Education and Training Sector) visa. The core dispute revolved around whether Mr. Singh met the enrolment requirements for a student visa at the time of the Tribunal's decision, following the cancellation of his course enrolment due to unsatisfactory progress.

The Tribunal was required to determine if Mr. Singh was enrolled in a principal course of study, as mandated by the Migration Regulations, or if he fell under any of the specified exceptions for eligible students. This involved assessing the credibility of Mr. Singh's claims regarding his enrolment and course progress in light of evidence presented and information from the Provider Registration and International Student Management System (PRISMS).

The Tribunal found that Mr. Singh failed to provide confirmation of his current enrolment, despite claiming to have submitted such evidence. Furthermore, PRISMS records indicated that his enrolment in an Advanced Diploma of Management (Human Resources) had been cancelled on 22 January 2018 due to unsatisfactory course progress, which was the third such cancellation. Mr. Singh acknowledged prior cancellations but claimed ignorance of the most recent one, despite not attending classes since December 2017. The Tribunal concluded that Mr. Singh could not reasonably expect to remain enrolled when he had not attended classes and had a history of unsatisfactory progress and non-payment of fees.

Consequently, the Tribunal affirmed the decision not to grant Mr. Singh a Student (Temporary) (Class TU) visa.