Lemos Clinquart (Migration)

This matter concerned an application for review of a decision not to grant a Subclass 500 (Student) visa. The applicant, a 34-year-old female citizen of Brazil, had a history of holding various student and bridging visas in Australia. The review was heard by the Administrative Appeals Tribunal, with Member Steven Griffiths presiding.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically the primary criterion set out in clause 500.211 of the Regulations. This clause requires that an applicant be enrolled in a course of study, defined as a "full-time registered course," or meet alternative criteria not relied upon by the applicant. The Tribunal was required to determine if the applicant had provided sufficient evidence of current enrolment in such a course.

The Tribunal's reasoning focused on clause 500.211(a), which mandates enrolment in a course of study at the time of the decision. The Tribunal noted that the applicant had not provided a current confirmation of enrolment with her application for review. While acknowledging evidence of a fund transfer to Torrens University for study costs, the Tribunal also noted that this enrolment was subsequently cancelled. As the applicant did not claim to meet any alternative criteria under clause 500.211, the Tribunal concluded that the primary criteria for the visa were not met.

Consequently, the Tribunal affirmed the decision under review, finding that the applicant did not satisfy the criteria for the grant of a Subclass 500 (Student) visa. The applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.