KUMAR THAKUR (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant sought review of a decision by the Department of Immigration and Border Protection to refuse their visa application. The Tribunal, presided over by Member Wendy Banfield, was tasked with determining whether the applicant met the criteria for the visa.

The central legal issue before the Tribunal was whether the applicant was enrolled in a registered course of study at the time of the decision, as required by clause 500.211 of Schedule 2 to the Migration Regulations 1994. The definition of a "course of study" under clause 500.111 requires it to be a "full-time registered course," with "registered course" defined by regulation 1.03 as a course provided by an institution registered to provide such courses to overseas students under the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that the applicant had failed to satisfy the primary criterion of being enrolled in a registered course. While the applicant had initially sought an MBA, their enrolment was cancelled due to financial difficulties, leading to the cancellation of their Confirmation of Enrolment. Despite being granted an extension to provide further evidence of enrolment, the applicant was unable to secure an offer from an educational provider. The Tribunal noted that the applicant did not claim to meet any alternative criteria for the visa. Consequently, the Tribunal found that the criteria for the grant of a Subclass 500 (Student) visa were not met.

The Tribunal affirmed the decision under review, meaning the applicants were not granted the Subclass 500 (Student) visas.