Khatun (Migration)

The Administrative Appeals Tribunal affirmed a decision to refuse a Subclass 500 (Student) visa for the applicant, a national of Bangladesh. The applicant sought review of the decision, with her spouse also named as a visa applicant. The Tribunal had invited the applicant to provide evidence of her current studies, explain any gaps in her enrolment, and address whether she genuinely intended to stay in Australia temporarily, as required by clause 500.212 of the Migration Regulations 1994 and Direction 69.

The primary legal issue before the Tribunal was whether the applicant met the enrolment requirements for a student visa, specifically clause 500.211, which requires the applicant to be enrolled in a full-time registered course at the time of the decision. The Tribunal also considered the overarching criterion of being a "genuine temporary entrant" under clause 500.212.

The Tribunal found that the applicant had completed an Advanced Diploma of Business in August 2018 and had not subsequently enrolled in any further courses. While the applicant expressed a desire to remain in Australia due to perceived better career prospects and security compared to Bangladesh, and acknowledged her mother's encouragement to pursue permanent residency, she admitted to not having enrolled in further study because she was awaiting the outcome of her review. The Tribunal concluded that there was no evidence of current study or a current offer of enrolment, and therefore, the applicant did not meet the criteria for the Subclass 500 (Student) visa.

Consequently, the Tribunal affirmed the decision not to grant the applicants Student (Temporary) (Class TU) visas.