Jiang (Migration)

This matter concerned an appeal to the Tribunal regarding a decision not to grant the applicant a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether the applicant met the criteria for the visa, specifically cl.500.211 of Schedule 2 to the Regulations, which requires an applicant to be enrolled in a registered full-time 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 at the time of the decision, as stipulated by cl.500.211(a). The definition of "course of study" under cl.500.111 refers to a "full-time registered course," with "registered course" defined by r.1.03 of the Regulations. The Tribunal also considered whether the applicant was a genuine student and a genuine temporary entrant, although the lack of current enrolment was the primary basis for the decision.

The Tribunal found that the applicant was not currently enrolled in a course of study, a fact confirmed by the applicant and PRISMS records. Despite acknowledging that the applicant had previously been a genuine student and had completed a course online while offshore due to COVID-19, and that the delay in the Tribunal's decision had impacted the applicant's enrolment status, the Tribunal was bound by the "time of decision" criteria. Therefore, as the applicant did not meet the enrolment requirement at the time of the decision, the criteria for the visa were not satisfied.

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