Iqbal (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant sought to challenge the delegate's refusal of their visa application before the Tribunal. The primary issue before the Tribunal was whether the applicant met the criteria for the grant of the visa, specifically concerning their enrolment in a registered course of study.

The Tribunal was required to determine whether the applicant satisfied the criteria set out in Schedule 2 of the Regulations, particularly clause 500.211, which mandates that an applicant must be enrolled in a full-time registered course of study at the time of the decision. The Tribunal noted that the applicant had failed to respond to its request for information and had not provided any evidence to support their claim of enrolment. While the delegate's decision acknowledged a proposed course of study and a confirmation of enrolment at the time of application, no such documentation was presented to the Tribunal for its consideration.

The Tribunal reasoned that it must be satisfied of the applicant's enrolment in a registered course of study at the time of its own decision. As no evidence of current enrolment was provided by the applicant, the Tribunal concluded that clause 500.211 was not met. Consequently, the Tribunal found that the applicant did not satisfy the criteria for a Subclass 500 (Student) visa and affirmed the delegate's decision. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.