Hidup (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant, a 49-year-old Indonesian citizen, had arrived in Australia in 2011. The dispute centred on whether the applicant met the primary criteria for the visa, specifically the requirement to be enrolled in a registered course of study.

The Tribunal was required to determine whether the applicant was currently enrolled in a registered course of study, as mandated by clause 500.211 of the Migration Regulations. It also had to consider whether the applicant's failure to provide evidence of current enrolment, despite an invitation under s359(2) of the Migration Act, necessitated an indefinite adjournment or a postponement of the determination.

The Tribunal reasoned that enrolment in a registered course of study is a fundamental prerequisite for the grant of a student visa. The applicant, in response to a s359(2) invitation, explicitly stated he was not currently enrolled in a registered course of study and did not provide any current Confirmation of Enrolment. His listed enrolments for accounting courses were marked as "did not complete," indicating he had not commenced them or allowed them to lapse. The Tribunal concluded that without evidence of current enrolment, the primary criteria for the visa were not met, and there was no administrative utility in considering further criteria.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.