Bethuku (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant failed to provide requested information, including a completed questionnaire, within the specified timeframe. The Tribunal's searches of the Provider Registration and International Student Management System (PRISMS) indicated that the applicant was not enrolled in a registered course of study.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 (Student) visa, specifically the requirement to be enrolled in a registered course of study as stipulated by clause 500.211 of the Regulations. The Tribunal also considered whether it was appropriate to postpone the determination to request further information from the applicant.

The Tribunal reasoned that satisfying the enrolment criterion in clause 500.211 is a prerequisite for the consideration of other primary criteria for a student visa. As the applicant had not provided evidence of current enrolment and had failed to respond to the Tribunal's requests for information, including a section 359A notification, the Tribunal concluded that the primary criteria for the visa were not met. The Tribunal determined that it was not appropriate to postpone the decision, given the applicant's lack of engagement and the repeated absence of evidence of enrolment.

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