Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by Mr Singh concerning a decision not to grant him a Student (Temporary) (Class TU) visa, specifically Subclass 572 (Vocational Education and Training Sector). The core of the dispute was whether Mr Singh met the enrolment requirements for a student visa at the time of the AAT's decision.

The Tribunal was required to determine if Mr Singh satisfied the relevant provisions of the Migration Regulations, which generally mandate that an applicant must be enrolled in, or have a current offer of enrolment in, a principal course of study appropriate for the visa subclass at the time of the decision. The Tribunal also needed to consider whether Mr Singh fell within any of the limited exceptions to this requirement, such as being an eligible higher degree student, eligible university exchange student, or eligible non-award student.

The Tribunal reasoned that the applicant had stated he was not currently studying or enrolled in a registered course, nor did he hold an offer of enrolment. He had previously completed diploma courses, the last being in 2015. As there was no evidence before the Tribunal of current enrolment or a valid offer of enrolment in an applicable course, the Tribunal found that the primary enrolment criterion was not met. Furthermore, the Tribunal found no evidence that Mr Singh met the criteria for alternative Subclass TU visas (Subclass 576 or Subclass 580).

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