Surinder Singh (Migration)

This matter concerned an appeal by Surinder Singh against a decision of the Tribunal to affirm the refusal of a Subclass 500 (Student) visa. The primary dispute revolved around whether the applicant had satisfied the criteria for the visa, specifically the requirement to be enrolled in a course of study.

The legal issues before the Tribunal were whether the applicant had met the primary criteria for a Subclass 500 (Student) visa, as set out in Schedule 2 of the Regulations, and in particular, clause 500.211 which requires an applicant to be enrolled in a course of study at the time of the decision. The Tribunal also considered the applicant's failure to provide requested information within the prescribed period and whether the genuine temporary entrant criterion had been met.

The Tribunal reasoned that while the applicant had previously provided a Confirmation of Enrolment for a course that concluded in December 2019, there was no current evidence before it to satisfy clause 500.211. The Tribunal emphasised that it is for the applicant to provide the necessary facts and evidence to satisfy the requirements of the Act and Regulations, and that a decision-maker is not obliged to make the applicant's case. As the applicant had not demonstrated current enrolment in a registered full-time course of study, the Tribunal could not be satisfied that the visa criteria were met.

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