GONG (Migration)

This matter concerned an application for review of a decision not to grant a Subclass 500 (Student) visa to the applicant, a national of China. The applicant had been in Australia for almost six years on student visas since March 2011. The core of the dispute revolved around the applicant's study history and whether they met the criteria for a student visa, specifically the requirement to be enrolled in a registered course of study.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 500 (Student) visa, as set out in Part 500 of Schedule 2 to the Regulations. The primary issue was whether the applicant satisfied clause 500.211, which mandates that an applicant must be enrolled in a course of study at the time of the decision. The Tribunal also considered whether the applicant genuinely intended to stay in Australia temporarily, as required by clause 500.212, and whether the applicant met the enrolment requirements for a student visa.

The Tribunal found that, based on the evidence before it, the applicant had not demonstrated progression in their studies and had only commenced and completed English language programs since their arrival in Australia. Despite being given opportunities to provide explanations and documentary evidence regarding gaps in enrolment and ongoing study, the applicant failed to do so. Consequently, the Tribunal was not satisfied that the applicant was enrolled in a course of study at the time of the decision, meaning clause 500.211 was not met.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, as the criteria for the visa were not met. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.