Sukhpreet Singh (Migration)

This matter concerned an application for review by Mr Sukhpreet Singh, a 24-year-old applicant, of a decision by a delegate of the Minister to refuse his application for a Student (Temporary) (Class TU) visa, subclass 500. The visa application had been lodged on 14 March 2018 and refused on 25 September 2018. Mr Singh lodged his review application with the Tribunal on 14 October 2018. The delegate's refusal was based on the applicant not meeting the genuine applicant criterion in clause 500.212 of the relevant regulations.

The Tribunal was required to determine two legal issues: firstly, whether the applicant was currently enrolled in a course of study in accordance with clause 500.211; and secondly, if he was enrolled, whether he was a genuine applicant. The applicant participated in the hearing by phone, providing evidence and arguments. Documents before the Tribunal included a confirmation of enrolment for a Diploma of Hospitality Management, purportedly commencing on 27 January 2020 and concluding on 19 July 2020.

The Tribunal's reasoning focused on the enrolment criterion. Clause 500.211 mandates that an application for a student visa must be supported by evidence of current enrolment in a course of study at the time the Tribunal makes its decision. Although the delegate's primary concern was the genuine applicant criterion, it became apparent at the hearing that the enrolment criterion was the determinative issue. While the applicant initially stated he was currently enrolled, referring to the provided confirmation, the Tribunal had arranged for a search of the International Student PRISMS database. This database, maintained by the Department of Education and Training, records all relevant information regarding current enrolments of non-citizens studying in Australia on registered courses. The search revealed that the applicant was not currently enrolled, rendering the enrolment criterion unmet.