Kaewyod (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 challenge the delegate's decision that they did not meet the criteria for the visa. The Tribunal, constituted by Gabrielle Cullen, was required to determine whether the applicant satisfied the relevant visa criteria.

The primary legal issue before the Tribunal was whether the applicant met the criterion in clause 500.211 of the *Migration Regulations 1994* (Cth), which requires an applicant to 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 under the *Education Services for Overseas Students Act 2000* (Cth).

The Tribunal noted that it had raised the issue of enrolment with the applicant on multiple occasions. The applicant had advised that they were not currently enrolled in a course of study. Evidence from the applicant and the PRISMS record confirmed this lack of current enrolment. Despite being given an opportunity to provide further information or comment, the applicant had not done so. The Tribunal considered the applicant's explanation regarding needing to contact an agent but found it unconvincing, particularly as the applicant could not name the agent. Consequently, the Tribunal was not satisfied that the applicant met clause 500.211. As this criterion was not met, the Tribunal found that the applicant did not satisfy the criteria for the grant of a Subclass 500 (Student) visa. The Tribunal affirmed the decision not to grant the visa.