Hilmin Rizvi (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant, Hilmin Rizvi, sought to have the decision of the delegate set aside and a visa granted. The Tribunal was required to consider whether the applicant met the criteria for the visa, specifically concerning his enrolment in a registered course of study.

The primary legal issue before the Tribunal was whether the applicant was enrolled in a full-time registered course of study at the time of the decision, as required by clause 500.211(a) of Schedule 2 to the Migration Regulations 1994. The Tribunal also considered the applicant's previous enrolment history, which included multiple instances of non-commencements and cancellations of courses, and the applicant's explanation for his current lack of attendance.

The Tribunal found that the applicant's evidence regarding his enrolment was unsatisfactory. While the applicant provided new confirmations of enrolment for courses commencing in September 2023, he conceded during the hearing that he was not currently attending any course. He stated that his last attendance was in January 2023, meaning he had not attended any studies for approximately one year. The applicant attributed this to mental health issues and a confused state following COVID-19, but provided no supporting evidence for these claims. Given the applicant's admission of non-attendance and the lack of evidence to substantiate his claims, the Tribunal concluded that he did not meet the requirement of being enrolled in a full-time registered course of study.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a Subclass 500 (Student) visa. The applicant did not claim to meet the criteria for any alternative visa subclass.