SIRIMALLA (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Student (Temporary) (Class TU) visa, specifically a Subclass 572 (Vocational Education and Training Sector) visa. The applicant did not attend a scheduled hearing before the Tribunal, nor did they provide requested evidence of current enrolment in a course of study.

The primary legal issue before the Tribunal was whether the applicant met the enrolment requirements for a student visa at the time of the decision. This involved considering whether the applicant was enrolled in, or had a current offer of enrolment in, a principal course of study as specified by the relevant regulations, and whether any exceptions applied. The Tribunal also considered whether the applicant met the criteria for other subclasses within Class TU, namely Subclass 576 (AusAID or Defence Sector) or Subclass 580 (Student Guardian) visas.

The Tribunal reasoned that the applicant had not provided any evidence of current enrolment in an applicable course of study, nor had they demonstrated they met the criteria for any of the other subclasses within Class TU. The applicant's previous enrolment had been cancelled due to non-payment of fees, and despite an invitation to attend a hearing and provide evidence of current enrolment, no response or further evidence was submitted. Consequently, the Tribunal found that the applicant failed to satisfy the relevant legislative requirements for the visa.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.