Gorrila (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought to review a decision not to grant this visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the enrolment criterion, specifically clause 500.211 of Schedule 2 to the Regulations, which requires an applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the significance of this criterion as a prerequisite for assessing other primary criteria for the visa.

The Tribunal reasoned that evidence of current enrolment in a registered course is fundamental to a student visa application, as it signifies a legally binding contract with a registered provider and is a continuing condition of the visa itself. In this instance, the applicant had provided a Certificate of Enrolment for a Diploma of Business commencing in May 2020 and due to complete in May 2021. However, as the date of the Tribunal's decision had long passed this completion date, and no evidence of further intended or current study was presented, the Tribunal could not be satisfied that the applicant was currently enrolled.

Consequently, the Tribunal found that the applicant had not met the criteria for the grant of a Subclass 500 (Student) visa. The decision under review was therefore affirmed.