Chege (Migration)

This matter concerned a review of a decision not to grant a Subclass 500 (Student) visa to the applicant. The Administrative Appeals Tribunal (AAT) was tasked with determining whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal evolved during the hearing. Initially, the focus was on whether the applicant was a genuine temporary entrant, as per clause 500.212 of Schedule 2 to the Regulations. However, information obtained from the Provider Registration and International Student Management System (PRISMS) revealed that the applicant had completed his Diploma of Business and had no current Confirmation of Enrolment (CoE). This shifted the determinative issue to whether the applicant met the enrolment requirement stipulated in clause 500.211(a) of Schedule 2 of the Regulations at the time of the Tribunal's decision.

The Tribunal reasoned that the enrolment criterion in clause 500.211(a) is a mandatory requirement for a student visa, and the Tribunal has no discretion to waive it. Despite the applicant's explanations regarding his contemplation of interstate study and his reliance on advice from his migration agent, the fact remained that he was not enrolled in a registered course at the time of the hearing. The applicant confirmed his understanding that this lack of current enrolment would change the determinative issue.

Consequently, the Tribunal found that the applicant did not meet the mandatory enrolment criteria for the grant of a Subclass 500 (Student) visa. As the applicant did not claim to meet the criteria for any alternative visa subclass, the Tribunal affirmed the original decision not to grant the visa.