Koh (Migration)

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

The primary legal issue before the Tribunal was whether Ms Koh met the enrolment requirement for a Subclass 500 (Student) visa at the time of the Tribunal's decision. This requirement, stipulated in clause 500.211(a) of Schedule 2 to the Regulations, mandates that an applicant be enrolled in a "full-time registered course" at the time of the decision. The Tribunal also considered whether Ms Koh was a genuine temporary entrant, which had been the focus of the original delegate's decision.

The Tribunal noted that Ms Koh's Provider Registration and International Students Management System (PRISMS) record indicated she was not currently enrolled in a course of study. In accordance with section 359A of the Migration Act 1958, the Tribunal had invited Ms Koh to comment on this information, highlighting that a lack of current enrolment and commencement of study could lead to the view that she was not a genuine applicant. Ms Koh did not claim to meet any alternative criteria for the visa.

Given that Ms Koh did not meet the enrolment requirement under clause 500.211(a) and did not claim to meet any alternative criteria, the Tribunal concluded that the criteria for the grant of a Subclass 500 (Student) visa were not satisfied. Accordingly, the Tribunal affirmed the decision under review not to grant Ms Koh the visa.