Alemdaroglu (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant was not enrolled in a course of study at the time of the Tribunal's decision, and had failed to provide requested information to demonstrate current enrolment.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 visa, specifically the requirement of being enrolled in a registered course of study as stipulated in clause 500.211 of the Regulations. The Tribunal also considered whether it was appropriate to postpone the determination to allow the applicant further opportunity to provide evidence of enrolment.

The Tribunal noted that a PRISMS search conducted on 2 February 2024 and again on 15 April 2024 indicated no current enrolment for the applicant. Following the initial search, the Tribunal had written to the applicant on 20 February 2024, pursuant to section 359A of the Act, informing them of the PRISMS search results and inviting comment or response by 5 March 2024. No response was received. The Tribunal reasoned that the applicant had been afforded sufficient time and notice to provide evidence of enrolment, and that granting a further opportunity would frustrate the purposes of the Act, which aims for expeditious determination of matters. The Tribunal concluded that the primary criteria for the visa were not met.

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