Kiriwendala (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant sought to challenge the delegate's decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically clause 500.211 of Schedule 2 to the Regulations, which requires the applicant to be enrolled in a full-time registered course of study at the time of the decision.

The Tribunal noted that the applicant had failed to provide requested information or any evidence to support their claim of enrolment. While the delegate had been satisfied of the applicant's enrolment at the time of the initial decision, no such confirmation of enrolment documents were before the Tribunal for its consideration. Applying the requirement that the Tribunal must be satisfied of enrolment at the time of its decision, and finding no evidence to support this, the Tribunal concluded that clause 500.211 was not met.

Consequently, the Tribunal found that the criteria for the grant of the visa were not met. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa. Accordingly, the Tribunal affirmed the decision under review.