LE (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant sought to continue studying a Diploma of Business at Sydney Metro College, a course he had previously completed. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for the 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 Migration Regulations 1994. This clause 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 definition of a "registered course" as one provided by an institution registered under the Education Services for Overseas Students Act 2000.

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 case, the applicant had completed several courses, including the Diploma of Business he proposed to study again. Given the passage of time since his last stated completion date and the lack of evidence of engagement in further studies, the Tribunal was not satisfied that the applicant was currently enrolled in a registered course of study.

Consequently, the Tribunal affirmed the decision under review, finding that the applicant had failed to satisfy the enrolment criterion for the Subclass 500 (Student) visa.