Galliguez (Migration)

This matter concerned an appeal by a Filipino citizen against the decision of the Department of Home Affairs to refuse him a Subclass 500 (Student) visa. The applicant, who first arrived in Australia in November 2017, had completed multiple courses of study. The core of the dispute revolved around whether the applicant met the primary criteria for a student visa, specifically the requirement to be enrolled in a registered course of study.

The Administrative Appeals Tribunal was required to determine whether the applicant was currently enrolled in a registered course of study, as mandated by the *Migration Regulations 1994* (Cth) and the *Migration Act 1958* (Cth). This enrolment criterion is a foundational requirement for the grant of a student visa, and without it, other primary criteria cannot be considered. The Tribunal also had to assess the significance of a letter of offer for a Bachelor of Business course, which the applicant had not formally accepted.

The Tribunal reasoned that the applicant's response to a notice issued under section 359(2) of the Act indicated he was not currently enrolled in a registered course. While the applicant listed a Diploma of Leadership and Management as "studying now" with course dates extending into March 2020, the confirmation of enrolment provided by the applicant supported these dates. However, the Tribunal noted that the applicant had not provided evidence of any future enrolments, and a letter of offer for a Bachelor of Business course, dated October 2019, had expired without evidence of acceptance or a new application. The Tribunal concluded that the applicant had not demonstrated current enrolment in a registered course of study, a prerequisite for the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, finding that the criteria for the visa were not met.