Devi (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by a national of Fiji for a Subclass 500 (Student) visa. The applicant, who had previously held visitor visas to Australia, sought to undertake a Certificate IV and Diploma of Marketing and Communication. The Department had refused her visa application, finding that she had not provided sufficient evidence of financial capacity. The applicant appealed this decision to the Tribunal, asserting her financial security in Fiji, her desire to study for her children's future, and her current online enrolment in a Certificate IV in Allied Health Management course.

The primary legal issue before the Tribunal was whether the applicant met the enrolment requirements for a student visa at the time of the decision, specifically under clause 500.211 of Schedule 2 to the Regulations. This clause requires that an applicant be enrolled in a course of study. The Tribunal also considered the applicant's claims regarding her financial capacity and her intention to study.

The Tribunal reasoned that while the applicant had provided a Confirmation of Enrolment for an online course with Open Colleges, the PRISMS record did not indicate she was currently enrolled in an appropriate full-time course of study. The Tribunal noted that the email address for Open Colleges suggested it was part of Vanta Education Inc. Despite the applicant's assertions of financial capacity and her provision of some payment records, the Tribunal found that the criteria for the grant of a Subclass 500 (Student) visa were not met, primarily due to the lack of current enrolment in a registered course of study as required by clause 500.211.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.