Ding (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The applicant had not responded to an invitation issued under s 359(2) of the relevant legislation, which meant they were not entitled to appear before the Tribunal. The Tribunal declined an indefinite adjournment of the decision-making process.

The central legal issue before the Tribunal was whether the applicant was enrolled in a course of study at the time of the decision, as required by cl.500.211(a) of the Regulations. This clause mandates that an applicant must be enrolled in a "full-time registered course," with "registered course" defined by reference to the Education Services for Overseas Students Act 2000.

The Tribunal found that there was no evidence before it demonstrating the applicant's current enrolment in a course of study. Consequently, the Tribunal was not satisfied that the criterion in cl.500.211 was met. As this was a primary criterion for the visa, and the applicant did not claim to meet alternative criteria or the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the Subclass 500 (Student) visa.