Lee (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought review of a delegate's decision to refuse the visa. The delegate's refusal was based on the applicant not satisfying the requirements of cl.500.212 of Schedule 2 to the Migration Regulations 1994, specifically that the delegate was not satisfied the applicant genuinely intended to stay temporarily in Australia.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 (Student) visa, particularly cl.500.211 which requires the applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered whether the applicant was a genuine temporary entrant. The Tribunal had invited the applicant to provide information regarding his enrolment and genuine student intentions, and to comment on information suggesting he did not hold a current Confirmation of Enrolment.

The Tribunal noted that the applicant had previously completed a Certificate IV course in Christian Ministry and Theology between February and October 2019, but presented no evidence of subsequent enrolments. Crucially, recent checks of the Provider Registration and International Student Management System (PRISMS) indicated the applicant did not hold a current Confirmation of Enrolment. The Tribunal concluded that, in the absence of evidence of current enrolment in a registered course of study, the applicant failed to meet the criterion in cl.500.211. Consequently, the Tribunal found that the criteria for the grant of the visa were not met.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.