Asad (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant, Mr. Asad, sought to challenge the delegate's decision before the Tribunal. The central issue revolved around whether the applicant met the criteria for a Student visa, specifically concerning his enrolment in a course of study.

The Tribunal was required to determine whether the applicant was enrolled in a full-time registered course of study at the time of the decision, as stipulated by clause 500.211(a) of Schedule 2 to the Regulations. This clause mandates that an applicant must be enrolled in a "course of study," which is defined as a "full-time registered course."

The applicant provided evidence of his previous study history in Australia, commencing in 2017. He explained that he had switched courses and subsequently faced difficulties with fee payments, leading to the cancellation of his confirmation of enrolment (CoE). Crucially, the applicant confirmed that at the time of the hearing, he did not possess a current CoE for any course of study. The Tribunal found that this lack of current enrolment meant the applicant failed to satisfy a determinative criterion for the grant of a Student visa. Consequently, the Tribunal affirmed the delegate's decision not to grant the visa.