Anthati (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether the applicant met the criterion of being enrolled in a course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Migration Regulations.

The Tribunal was required to determine if the applicant was enrolled in a "full-time registered course" as defined by the Regulations. The applicant had previously been enrolled in a Diploma of Automotive Technology which concluded on 24 September 2023. The Tribunal notified the applicant that records indicated no current enrolment and that this information could lead to the affirmation of the decision under review. The applicant failed to respond to this notification.

In its reasoning, the Tribunal noted that the applicant's last recorded enrolment in the Diploma of Automotive Technology had been completed prior to the date of the Tribunal's notification. Further checks of the Provider Registration and International Student Management System (PRISMS) did not reveal any subsequent enrolment. Although the applicant's visa refusal was initially based on genuine access to funds, the lack of current enrolment was a critical factor for the grant of a student visa. The Tribunal affirmed the decision not to grant the visa.