Lekaj (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision to refuse a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether the applicant met the criteria for the grant of this visa, specifically concerning her enrolment status.

The Tribunal was required to determine if the applicant was enrolled in a registered course of study, as this is a fundamental requirement for a Subclass 500 visa. The Tribunal obtained information from the Provider Registration and International Student Management System (PRISMS) which indicated the applicant was not enrolled in any course of study at the time of the review. The applicant was given an opportunity to respond to this information, and she admitted she was not currently enrolled.

The applicant explained that while she had a Confirmation of Enrolment for a Diploma of Leadership and Management when she applied for the visa, she had not commenced studies due to personal circumstances, including obtaining work, caring for her son, and a subsequent hospitalisation. This hospitalisation coincided with her intended commencement date, leading to her enrolment being cancelled by the provider. The Tribunal found that, based on the applicant's admission and the PRISMS record, the criteria for the grant of a Subclass 500 visa were not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa. The Tribunal also noted that it had no jurisdiction regarding a second applicant and made no decision in their respect.