KHAN (Migration)

This matter concerned an appeal to the Tribunal regarding the refusal of a Subclass 500 (Student) visa. The applicant sought to have the Tribunal affirm the decision under review, which had affirmed the delegate's decision not to grant the visa.

The central legal issue before the Tribunal was whether the applicant met the enrolment requirements for a student visa at the time of the Tribunal's decision. Specifically, the Tribunal had to determine if the applicant satisfied clause 500.211 of Schedule 2 to the Regulations, which requires an applicant to be enrolled in a "full-time registered course" of study.

The Tribunal considered the applicant's oral evidence, which indicated he was not currently undertaking any studies, was not enrolled in any course, and had no offer of enrolment. His most recent enrolment in a Bachelor of Accounting program had been cancelled around July 2017. The applicant stated his desire to complete a business degree to demonstrate the worth of his time in Australia to his family, who had ceased financial support due to his academic progress. He also testified to working at KFC for seven years and applying for a regional work visa. Based on this evidence, the Tribunal was not satisfied that the applicant was enrolled in a course of study as required by clause 500.211. Consequently, the Tribunal found that the criteria for the grant of a Subclass 500 (Student) visa were not met, and 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 visa.