Bhatt (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant, Mr. Bhatt, had initially been assessed against the genuine temporary entrant criterion. However, during the review process, it emerged that the applicant had stated he was not enrolled in any course of study. Consequently, the Administrative Appeals Tribunal, constituted by Member David Thompson, was required to determine whether the applicant met the enrolment requirement for a student visa at the time of the Tribunal's decision.

The central legal issue before the Tribunal was whether the applicant satisfied clause 500.211(a) of Schedule 2 to the Migration Regulations 1994, which mandates that an applicant for a Subclass 500 visa must be enrolled in a full-time registered course of study at the time of the decision. The Tribunal examined the applicant's enrolment status, noting that his Provider Registration and International Student Management System (PRISMS) record indicated he had last studied on 10 March 2017 and was not enrolled as at the date of the hearing.

The Tribunal found that the applicant confirmed his lack of current enrolment in a registered course of study, both in his response to the Tribunal's request for information and at the hearing. He explained his absence from study was due to a marriage in India. However, the Tribunal determined that enrolment in a registered course was a mandatory criterion for the grant of a student visa. As the applicant did not meet this criterion, and did not claim to meet any alternative provisions, the Tribunal concluded that the criteria for the visa were not satisfied.

Accordingly, the Tribunal affirmed the decision under review, meaning the applicant was not granted the Subclass 500 (Student) visa.