ISSA (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant sought to have the decision of the Administrative Appeals Tribunal affirmed. The primary issue before the Tribunal was whether the applicant met the enrolment requirements for a student visa, specifically clause 500.211 of 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 was required to determine if the applicant was enrolled in a course of study as defined by the Regulations, which necessitates enrolment in a full-time registered course provided by an institution registered to offer courses to overseas students. The Tribunal considered evidence presented by the applicant, including his explanation that his father was ill and unable to provide financial support at the time of his visa application. However, the Tribunal also noted that there was no evidence demonstrating the applicant was actually enrolled in or undertaking a course at that time.

The Tribunal's reasoning focused on the lack of evidence of current enrolment. While acknowledging the applicant may have undertaken some studies and supported himself through casual employment, the Tribunal found that the applicant had not completed any courses since June 2016 and that his most recent enrolment was cancelled in May 2017 due to non-payment of fees. Crucially, there was no evidence of a current offer of enrolment. Consequently, the Tribunal was not satisfied that the applicant met the enrolment criterion under clause 500.211, and therefore, the criteria for the grant of a Subclass 500 (Student) visa were not met. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.