Bhardwaj (Migration)

The Administrative Appeals Tribunal, constituted by Member Peter Haag, considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision not to grant this visa. The core of the dispute revolved around whether the applicant met the primary criteria for the visa, specifically the requirement of current enrolment in a course of study.

The Tribunal was required to determine if the applicant satisfied clause 500.211 of Schedule 2 to the Regulations, which mandates that an applicant must be enrolled in a course of study at the time of the decision. The definition of "course of study" under clause 500.111 refers to a "full-time registered course," with "registered course" further defined by regulation 1.03 as a course provided by an institution registered to offer such courses to overseas students under the *Education Services for Overseas Students Act 2000*.

Member Haag reasoned that the evidence before the Tribunal, including documents from both the Department and the Tribunal files, did not establish to the Tribunal's satisfaction that the applicant was currently enrolled in a course of study. Crucially, there was no Confirmation of Enrolment or equivalent documentation presented. Consequently, the Tribunal concluded that clause 500.211 was not met. As this was a primary criterion for the visa, and the applicant did not claim to meet alternative visa criteria, the Tribunal affirmed the original decision.