Choijilsuren (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), brought before the Administrative Appeals Tribunal. The primary applicant sought review of a decision to refuse her visa, and by extension, the visas of secondary applicants who were members of her family unit.

The central legal issue before the Tribunal was whether the primary applicant satisfied the criteria for the grant of a Subclass 500 visa, specifically cl.500.211 of Schedule 2 to the Regulations, which requires the applicant to be enrolled in a registered course of study at the time of the decision. The applicant's visa had been refused by the delegate on the basis that she was not a genuine applicant for entry and stay as a student, and the Tribunal first considered the enrolment criterion.

The Tribunal found that there was no evidence of a current Confirmation of Enrolment (COE) or a letter of offer for enrolment. While the applicant claimed an intention to commence study on 12 February 2018, a post-hearing inquiry by a Tribunal case officer revealed that the English Language Company, where the applicant claimed she intended to study, had no record of her attending classes or paying fees since August 2017, and she was not enrolled as of 15 February 2018. The Tribunal provided the applicant with an opportunity to respond to this adverse information, noting that it could lead to the affirmation of the refusal decision.

As the Tribunal affirmed the decision to refuse the primary applicant's visa, and there was no evidence that the secondary applicants were no longer members of the family unit, the Tribunal also affirmed the decisions to refuse their visas.