Lau (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, reviewed by the Tribunal. The applicant sought to study a Diploma of Leadership and Management and an Advanced Diploma of Leadership and Management. The Tribunal was required to determine whether the applicant met the criteria for the grant of this visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the enrolment criterion under clause 500.211 of Schedule 2 to the Regulations, which requires an applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the broader implications of this criterion for the assessment of other primary criteria for a student visa.

The Tribunal reasoned that evidence of current enrolment in a registered course is a fundamental requirement for a student visa, as it signifies a legally binding contract with a registered provider and is a condition that must be maintained throughout the visa's validity. In this instance, the applicant had arrived in Australia on a tourist visa and lodged the student visa application while intending to study for 20 months. However, as at the date of the Tribunal's decision, the applicant had had sufficient time to complete the proposed course, and there was no evidence of ongoing or further studies. Consequently, the Tribunal was not satisfied that the applicant was currently enrolled in a registered course of study.

Given these findings, the Tribunal concluded that the applicant did not meet the criteria for a Subclass 500 (Student) visa. Accordingly, the Tribunal affirmed the decision not to grant the visa.