Chunto (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the necessary criteria for the visa, specifically concerning their enrolment in a course of study. The Tribunal was tasked with reviewing a previous decision that had affirmed the refusal of the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994. This clause requires that at the time of the decision, the applicant is enrolled in a "full-time registered course." The Tribunal also considered whether the applicant met the genuine temporary entrant criterion, although the lack of current enrolment was the more significant factor.

The Tribunal's reasoning was based on the evidence presented and the relevant regulatory provisions. Clause 500.211 mandates current enrolment in a registered course, defined as a full-time course provided by an institution registered to offer such courses to overseas students. Despite the applicant's initial submission indicating enrolment in a Diploma and Advanced Diploma of Leadership and Management until December 2022, the applicant stated at the hearing that they were not currently enrolled. Furthermore, records from the Placement, Registration and Information Management System (PRISMS) indicated that the applicant's enrolment ceased on 29 October 2019. The applicant failed to provide any evidence of current enrolment. Consequently, the Tribunal was not satisfied that clause 500.211 was met.

As the applicant did not meet the primary criterion of current enrolment in a course of study, and did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the Subclass 500 (Student) visa.