Hussaini (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision not to grant this visa. The Tribunal's decision was made by Member D Triaca.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically clause 500.211 of Schedule 2 to the Regulations, which requires the applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the broader implications of this enrolment requirement for the grant of a student visa.

The Tribunal reasoned that enrolment in a registered course is a fundamental prerequisite for a student visa, as it signifies a legally binding contract with a registered course provider and is a condition that must be maintained throughout the visa's validity. The Tribunal noted that without evidence of current enrolment, it could not be satisfied that the applicant met the primary criteria for the visa, rendering consideration of other criteria moot. In this instance, the Tribunal was not satisfied that the applicant was currently enrolled in a registered course of study, as evidenced by the PRISMS database.

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