1826278 (Migration)

The Administrative Appeals Tribunal considered the case of an Iranian applicant seeking review of a decision not to grant him a Subclass 500 (Student) visa. The applicant, who arrived in Australia in July 2014, had previously held several student visas and was on a bridging visa at the time of the review. The Tribunal also considered the status of his adult and minor dependents.

The central issue before the Tribunal was whether the applicant satisfied the primary criteria for a Subclass 500 visa, specifically cl.500.211 of the Regulations. This clause requires an applicant to be enrolled in a course of study, or meet specific exceptions related to postgraduate thesis marking or Foreign Affairs Minister support. The Tribunal also had regard to the delegate's decision, which was based on whether the applicant was a genuine applicant for entry and stay as a student.

The Tribunal noted that the applicant had not provided a current confirmation of enrolment and had not been studying since August 2019, having completed an Advanced Diploma of Leadership and Management at that time. While the applicant provided evidence of past studies, including a Master of Business Administration and an English for Academic Purposes course, and submitted information regarding his intentions to return to Iran due to concerns about political unrest and the coronavirus, the lack of current enrolment was a critical factor. The Tribunal concluded that the applicant did not satisfy the primary criteria for the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.