Li (Migration)

This matter concerned an application for a Subclass 500 (Student) visa by the applicant, Li. The applicant sought review of a decision by the Administrative Appeals Tribunal (the Tribunal) to affirm the refusal of their visa application. The Federal Circuit and Family Court of Australia had previously quashed an earlier Tribunal decision due to jurisdictional error, requiring the Tribunal to reconsider the application.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically focusing on the enrolment requirement under clause 500.211 of Schedule 2 to the Regulations. This clause mandates that an applicant must be enrolled in a course of study at the time of the decision. The Tribunal also considered the applicant's personal circumstances and any updated information provided since the initial delegate's decision.

The Tribunal reasoned that the applicant had failed to provide sufficient evidence of current enrolment in a registered course of study, which is a fundamental requirement for a student visa. While acknowledging the applicant's personal circumstances and the previous court order, the Tribunal emphasised that the onus remained on the applicant to satisfy the visa criteria. The Tribunal noted that the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, finding that the criteria for the visa were not met.