Burman (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a delegate's decision to refuse the visa. The primary issue before the Tribunal became whether the applicant met the enrolment requirement stipulated in clause 500.211(a) of the Migration Regulations 1994 at the time of the Tribunal's decision.

The Tribunal was required to determine if the applicant was enrolled in a full-time registered course of study at the time of the Tribunal's decision, as mandated by clause 500.211(a). This clause specifies that an applicant must be enrolled in a course of study at the time of the decision to be eligible for a student visa, and the applicant did not claim to meet any alternative criteria. A "registered course" is defined as one provided by an institution registered to provide such courses to overseas students under the Education Services for Overseas Students Act 2000.

The Tribunal found that the applicant, when invited to provide information regarding her course of study, completed an online form in which she stated she did not have a current Confirmation of Enrolment in a registered course of study. At the hearing, the applicant confirmed this answer was correct and acknowledged that she was not currently enrolled in a registered course of study. The Tribunal explained that enrolment in a registered course at the time of the decision was a prerequisite for visa grant and that this requirement had become the determinative issue before it.

Consequently, the Tribunal concluded that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa. As the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the delegate's decision not to grant the visa.