Tangcharoen (Migration)

This matter concerned an application for review of a decision not to grant Student (Temporary) (Class TU) visas, subclass 500 (Student), to the applicants. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicants met the criteria for a Student visa, specifically concerning their enrolment in a registered course of study. The Tribunal was required to determine if the applicants were enrolled in a registered course and if they were genuine applicants for entry and stay as students, as stipulated by the relevant regulations.

The Tribunal's reasoning centred on the fundamental requirement for a Student visa that an applicant must be enrolled in a registered course of study. Evidence from a PRISMS search indicated that the second applicant was not enrolled. Despite being notified of this information and invited to respond or provide evidence of enrolment, the applicant failed to do so. The Tribunal considered that postponing the determination to request further information would not be appropriate given the lack of response and the absence of any evidence of current enrolment. The Tribunal concluded that the criteria for the grant of a Student visa were not met.

Consequently, the Tribunal affirmed the decisions not to grant the applicants Student (Temporary) (Class TU) visas.