Umar (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Student (Temporary) (Class TU) visa. The primary dispute revolved around whether the applicant met the enrolment requirements for such a visa at the time of the Tribunal's decision.

The Tribunal was required to determine if the applicant satisfied the enrolment criteria stipulated in the Migration Regulations. Specifically, the Tribunal had to ascertain whether the applicant was enrolled in, or held a current offer of enrolment in, a principal course of study as required by various clauses of the Regulations, unless they fell within specific exceptions for higher degree, exchange, or non-award students.

The Tribunal found that the applicant had failed to provide a valid Certificate of Enrolment or a current offer of enrolment by the extended deadline of 18 December 2017. Although the applicant initially presented an expired certificate and requested further time to provide updated documentation, no such documentation was received, nor was any explanation provided for the delay. The Tribunal concluded that the applicant did not meet the enrolment requirements under the relevant clauses of the Regulations, nor did they meet the criteria for other subclasses within Class TU. Consequently, the Tribunal affirmed the decision not to grant the visa.