Chen (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The core dispute revolved around whether the applicant met the genuine temporary entrant criterion, specifically the requirement of being enrolled in an approved course of study at the time of the decision.

The Tribunal was required to determine if the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which mandates enrolment in a full-time registered course of study at the time of the decision. The applicant had provided a Confirmation of Enrolment (COE) for a Master of Professional Accounting course that was due to conclude after the date of the Tribunal's decision.

The Tribunal reasoned that the applicant's provided COE had an end date that had passed, rendering it no longer current. Despite being invited to provide evidence of current enrolment, the applicant failed to submit any further documentation or post-hearing submissions to demonstrate that they were enrolled in a registered course of study at the time of the Tribunal's decision. Consequently, the Tribunal was not satisfied that clause 500.211 had been met.

As the applicant did not meet the primary criteria for the Subclass 500 visa and did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the visa.