DE SOUZA (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of DE SOUZA, an applicant for a Subclass 500 (Student) visa. The dispute concerned whether the applicant met the criteria for the visa, specifically relating to their enrolment in a course of study.

The primary legal issue before the Tribunal was whether the applicant was enrolled in an approved course of study, as required by clause 500.211 of Schedule 2 to the Migration Regulations. This clause mandates that at the time of the decision, the applicant must be enrolled in a "full-time registered course," defined as a course provided by an institution registered to provide such courses to overseas students.

The Tribunal noted that the applicant had proposed to study English courses and a Certificate IV in Project Management Practice. However, despite an invitation from the Tribunal to provide information regarding their course of study and entry into Australia, the applicant failed to do so within the prescribed period. Crucially, there was no confirmation of enrolment certificate or any other document on the Department's file or before the Tribunal demonstrating the applicant's enrolment. Consequently, the Tribunal was not satisfied that the applicant met the enrolment requirement under clause 500.211.

The Tribunal affirmed the decision under review, finding that the applicant had not provided sufficient evidence of enrolment in an approved course of study.