HU (Migration)

The Administrative Appeals Tribunal considered an application by a 44-year-old Chinese citizen for a Subclass 500 (Student) visa. The applicant had arrived in Australia on a visitor visa in December 2018 and had applied to undertake an English course and a Diploma of Leadership and Management. The delegate's decision, which was under review, had not granted the visa.

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 further opportunity to provide evidence of enrolment, given her lack of response to previous requests.

The Tribunal reasoned that a current confirmation of enrolment in a registered course of study is a fundamental prerequisite for the grant of a student visa, as stipulated by clause 500.211 of the Regulations. The applicant had failed to provide any evidence of current enrolment in the proposed courses or any other registered course, and had not responded to the Tribunal's invitation to provide updated information, including a questionnaire, which specifically warned that a lack of enrolment could lead to the affirmation of the decision. The Tribunal concluded that it would not be appropriate to postpone the determination, as the applicant had not demonstrated any effort to satisfy this essential criterion since lodging her application for review.

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