Khadka (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant sought to enter and remain in Australia as a student. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically whether the applicant was a genuine applicant for entry and stay as a student under clause 500.212 of the Regulations.

The central legal issue was whether the applicant satisfied clause 500.212, which requires an applicant to genuinely intend to stay in Australia temporarily and to comply with visa conditions. Additionally, clause 500.211 mandates that an applicant must be enrolled in a course of study at the time of the decision. The Tribunal considered whether the applicant had provided sufficient evidence of their enrolment in a registered, full-time course of study.

The Tribunal noted that the applicant had not responded to an invitation to submit all relevant information regarding their course of study in Australia. In the absence of any evidence of enrolment in a registered course of study, the Tribunal was not satisfied that the applicant met the requirements of clause 500.211. Consequently, the Tribunal concluded that the applicant had not demonstrated they were a genuine applicant for entry and stay as a student, and therefore the decision under review was affirmed.