Ding (Migration)

This matter concerned an appeal by Ms Minnie Ding against the refusal of her Student (Temporary) (Class TU) visa, subclass 500 (Student) visa. The original decision to refuse the visa was made by a delegate on 8 February 2017, on the grounds that the delegate was not satisfied that Ms Ding intended to genuinely reside temporarily in Australia. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether Ms Ding met the enrolment requirements for a Student visa at the time of the Tribunal's decision.

The Tribunal was required to consider whether Ms Ding satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which mandates that an applicant must be enrolled in a full-time registered course of study at the time of the decision. A registered course is defined as one provided by an institution, body, or person registered under Division 3 of Part 2 of the Education Services for Overseas Students Act 2000. The Tribunal noted that Ms Ding did not claim to meet any alternative criteria within clause 500.211.

The Tribunal found that Ms Ding had been invited on 13 June 2018 to provide evidence of her enrolment in an approved course of study at least seven days before the hearing, but this evidence was not provided. Despite being requested again at the hearing, Ms Ding and her migration agent failed to produce such evidence, such as a certificate of enrolment. While Ms Ding requested further time to provide offers of enrolment from her home country, the Tribunal declined this request, noting that Ms Ding had had over a year since the delegate's decision and several weeks since the Tribunal's invitation to provide the necessary documentation. Consequently, the Tribunal affirmed the decision under review.