Dhameliya (Migration)

The Administrative Appeals Tribunal considered the case of Mr Dhameliya, an applicant for a Subclass 500 (Student) visa. The dispute concerned whether Mr Dhameliya met the criteria for the visa, specifically the requirement of current enrolment in a registered course of study.

The Tribunal was required to determine whether Mr Dhameliya satisfied the primary criterion of enrolment in a registered course of study as stipulated by clause 500.211 of Schedule 2 to the Migration Regulations 1994. This involved considering the definition of a "course of study" as a "full-time registered course" and the meaning of "registered course" under the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that evidence of current enrolment is a fundamental prerequisite for a student visa, as it signifies a legally binding contract with a registered provider and is a condition that must be maintained throughout the visa's validity. In this instance, the proposed course was due to commence on 19 November 2018 and conclude by 17 November 2019. As the Tribunal's decision was made after the course completion date, and there was no evidence of further studies, the Tribunal could not be satisfied that Mr Dhameliya was currently enrolled in a registered course of study. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa application.