CAVALCANTE CAETANO (Migration)

This matter concerned an appeal by Cavalcanate Caetano, a citizen of Brazil, against a decision to affirm the refusal of her application for a Subclass 500 (Student) visa. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 (Student) visa, specifically focusing on the requirement of enrolment in a registered course of study as stipulated by clause 500.211 of the Regulations. The Tribunal also considered the applicant's eligibility under the genuine temporary entrant criteria (clause 500.212), although this became secondary to the enrolment issue.

The Tribunal reasoned that clause 500.211 requires an applicant to be enrolled in a full-time registered course of study at the time of the decision. The applicant, who arrived in Australia in 2013, stated in her response to the Tribunal that she did not have a current Confirmation of Enrolment. Her last stated enrolment was in 2015, which she did not complete. As there was no evidence before the Tribunal of a current Confirmation of Enrolment in a registered course of study, the Tribunal concluded that the applicant failed to satisfy this essential criterion. Consequently, the Tribunal found no utility in considering the genuine temporary entrant criteria.

The Tribunal affirmed the decision under review, finding that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa.