Abbasi (Migration)

This matter concerned an application for review of a decision not to grant the applicant, Mr Abbasi, a Subclass 500 (Student) visa. The applicant, a 37-year-old male from Pakistan, had a history of holding various student visas and bridging visas since his arrival in Australia in 2012. The Administrative Appeals Tribunal, constituted by Steven Griffiths, was tasked with determining whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically as set out in clause 500.211 of the Regulations. This clause requires an applicant to be enrolled in a course of study, which is defined as a full-time registered course. The Tribunal also considered whether the applicant met any alternative criteria within clause 500.211, or the criteria for a Subclass 590 (Student Guardian) visa, which the applicant did not claim to meet.

The Tribunal reasoned that it is incumbent upon the applicant to provide sufficient information to satisfy the Tribunal that the requirements of the Act and Regulations have been met. In this instance, the Tribunal noted that it had not been provided with any information demonstrating that the applicant was currently enrolled in a registered course of study. Without this essential information, the Tribunal could not be satisfied that the primary criteria for the visa were met. Consequently, the Tribunal affirmed the decision under review.