Li (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant had failed to provide requested information within the prescribed period and was not currently enrolled in a registered course of study, nor did they have a current confirmation of enrolment.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 (Student) visa, specifically the requirement to be enrolled in a registered course of study. The Tribunal also considered whether it was appropriate to postpone its determination to request further information from the applicant.

The Tribunal reasoned that the criterion of being enrolled in a registered course of study, as stipulated in clause 500.211 of the Regulations, is a foundational requirement for the grant of a student visa. Absent evidence of such enrolment, other primary criteria cannot be considered. The Tribunal noted that a PRISMS search indicated the applicant's previous enrolment had been cancelled for non-payment of fees. Despite being notified of this information and invited to respond, the applicant failed to provide any evidence of current enrolment or complete a requested questionnaire. The Tribunal concluded that it would not be appropriate to postpone its determination, given the applicant's lack of response and the absence of any satisfactory evidence of enrolment.

Consequently, the Tribunal found that the applicant did not meet the criteria for a Subclass 500 (Student) visa. The decision under review was affirmed.