Duong (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Subclass 500 (Student) visa. The applicant had applied for the visa on the basis of undertaking a course of study in Australia.

The Tribunal was required to determine whether the applicant met the criteria for the grant of a Subclass 500 visa, specifically focusing on the requirement to be enrolled in a registered course of study at the time of the decision. The Tribunal also considered the applicant's status as a genuine temporary entrant.

The Tribunal noted that it had issued two letters to the applicant, dated 11 March 2021 and 31 May 2021, inviting them to provide information and submissions. The first letter outlined the requirements of being enrolled in a registered course of study and being a genuine applicant for entry and stay as a student. The second letter advised that a check of the Provider Registration and International Student Management System (PRISMS) indicated the applicant did not hold a current Confirmation of Enrolment. No response was received by the applicant to either letter. The Tribunal found that clause 500.211(a) of the Regulations, which requires the applicant to be enrolled in a course of study at the time of the decision, was not met. A "course of study" was defined as a "full-time registered course," and a "registered course" was one provided by an institution registered under the Education Services for Overseas Students Act 2000. As the applicant did not claim to meet any alternative criteria and was not satisfied to be enrolled in a course of study, the Tribunal concluded that the criteria for the visa were not met.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.