HANIF (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant, a national of Pakistan, had previously held student visas but had not provided evidence of financial capacity or current enrolment in a course of study in response to requests from the Department. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for the grant of the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Regulations, which requires that at the time of the decision, the applicant is enrolled in a full-time registered course of study. The Tribunal also considered the applicant's failure to respond to a section 359A letter, which highlighted the lack of indication on Provider Registration and International Student Management System (PRISMS) records that the applicant was currently enrolled or had completed any course since May 2014.

The Tribunal reasoned that enrolment in a course of study is a threshold requirement for a Subclass 500 visa. It noted that the applicant had not provided any evidence of current enrolment or a current offer of enrolment, nor had he responded to the Tribunal's invitation to provide further information. Based on the evidence before it, including the PRISMS records and the applicant's lack of response, the Tribunal found that the applicant was not enrolled in a course of study and therefore did not meet the requirements of clause 500.211.

Consequently, the Tribunal found that the criteria for the grant of a Subclass 500 (Student) visa were not met. As the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision under review.