Supreet Singh (Migration)

This matter concerned an application for review of a decision not to grant Supreet Singh a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought to have the decision of the delegate of the Minister reviewed by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the subclass 500 visa, specifically the requirement to be enrolled in a course of study at the time of the decision. The Tribunal was required to determine if the applicant had provided sufficient evidence of current enrolment in a "full-time registered course" as defined by the Migration Regulations 1994.

The Tribunal considered clause 500.211 of Schedule 2 to the Regulations, which mandates that an applicant must be enrolled in a course of study. The applicant had previously advised the Tribunal that he did not possess a current Confirmation of Enrolment (COE) and had not commenced or completed any course of study since 2015 or 2017. Despite being invited to provide a copy of his current COE to the Tribunal prior to the hearing, no such document was submitted. Consequently, the Tribunal found no evidence that the applicant was currently enrolled or had a current offer of enrolment in an applicable course of study, thus failing to meet a primary criterion for the visa.

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