Abbas (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant sought to satisfy the primary criteria for the visa, which included being enrolled in a course of study at the time of the decision. The Tribunal was asked to determine whether the applicant met this enrolment requirement.

The Tribunal was required to consider clause 500.211 of Schedule 2 to the Regulations, which mandates that an applicant for a Subclass 500 visa must be enrolled in a "full-time registered course" at the time of the decision. A "registered course" is defined by reference to the Education Services for Overseas Students Act 2000. The applicant failed to provide a Confirmation of Enrolment (CoE) or other satisfactory evidence of enrolment, despite being granted multiple extensions of time by the Tribunal.

The Tribunal found that the applicant had not satisfied the enrolment criteria. While the applicant claimed difficulties in obtaining a CoE due to processing times and credit transfers, the Tribunal noted that the education provider had repeatedly requested further information from the applicant. The Tribunal concluded that the applicant had not demonstrated that the delay was beyond his control. Consequently, the Tribunal affirmed the decision not to grant the visa.