Grembi (Migration)

The Administrative Appeals Tribunal (Cth) considered an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant, a 19-year-old Greek citizen, had applied for a visa to undertake vocational education and training in Australia. The delegate's decision noted that while the applicant had proposed a course of study, there was no evidence of current enrolment or confirmation of enrolment for these or any other registered courses.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 (Student) visa, specifically the requirement to be enrolled in a registered course of study. The Tribunal was also required to determine whether it was appropriate to postpone the decision to allow the applicant a further opportunity to provide evidence of enrolment, given the applicant's failure to respond to a previous request for information.

The Tribunal reasoned that clause 500.211 of the Migration Regulations 1994, which requires an applicant to be enrolled in a registered course of study, is a foundational criterion for the grant of a student visa. Without evidence of current enrolment, the Tribunal could not proceed to consider other primary criteria. The Tribunal noted that the applicant had not responded to a letter issued under section 359(2) of the Migration Act 1958, which had specifically requested information regarding enrolment and included a questionnaire. Given the applicant's lack of response and the absence of any evidence of current enrolment, the Tribunal concluded that it was not appropriate to postpone the determination.

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