IMAN (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant, Mr. Fani Iman, sought review of a decision to refuse to grant him this visa. The primary issue before the Tribunal was whether the applicant met the criteria for the visa, specifically concerning his enrolment in a registered course of study.

The Tribunal was required to determine if the applicant was enrolled in a full-time registered course of study at the time of the decision, as stipulated by clause 500.211 of Schedule 2 to the Migration Regulations 1994. The Tribunal also had regard to Direction No. 69, issued by the Minister for Immigration and Border Protection, which provides guidance on assessing the genuine temporary entrant criterion for student visa applications. This Direction requires decision-makers to consider various factors, including the applicant's circumstances in their home country and potential circumstances in Australia, the value of the course to the applicant's future, and their immigration history.

The Tribunal noted that a check of the Provider Registration and International Student Management System (PRISMS) indicated that the applicant did not hold a current Confirmation of Enrolment. The Tribunal corresponded with the applicant under section 359A of the Migration Act 1958, informing him of this information and inviting him to provide comments or responses. As the applicant did not appear to meet the enrolment requirement and did not claim to meet any alternative criteria, the Tribunal found that the criteria for the grant of the visa were not met.

Consequently, the Tribunal affirmed the decision of the primary decision-maker to refuse to grant the applicant a Subclass 500 (Student) visa.