ISSA (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision to refuse a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether the applicant met the enrolment requirements for a student visa at the time of the decision.

The Tribunal was required to determine if the applicant satisfied the criterion in cl.500.211 of Schedule 2 to the Regulations, which mandates that an applicant must be enrolled in a course of study at the time of the decision. A "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered to offer such courses to overseas students under the *Education Services for Overseas Students Act 2000*.

The applicant, in oral evidence, acknowledged he was not currently undertaking studies in Australia and was not enrolled in any course. He stated he had enrolled in a Bachelor of Business course but had delayed commencing it pending the outcome of his visa application. The Tribunal also presented information from the Provider Registration and International Student Management System (PRISMS) indicating the applicant's enrolment in a Bachelor of Business course had been cancelled due to non-commencement of studies. Based on this evidence, the Tribunal concluded that the applicant did not meet the essential criterion of being enrolled in a registered course of study.

Consequently, the Tribunal found that 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. Accordingly, the Tribunal affirmed the decision not to grant the applicant the Subclass 500 (Student) visa.