Li (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, made by a Chinese national. The applicant had previously held student visas to study in Australia, obtaining a Victorian Certificate of Education in 2015 and a Diploma of Leadership and Management in 2017. At the time of the current visa application, the applicant claimed to be enrolled in a Certificate III in Commercial Cookery, a Certificate IV in Commercial Cookery, and a Diploma of Hospitality Management, all due to conclude in March 2020. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for the visa, specifically whether they were a genuine applicant for entry and stay as a student and whether they were enrolled in a registered course of study.

The Tribunal considered the definition of a "course of study" as a "full-time registered course" and a "registered course" as one provided by an institution registered to provide such courses to overseas students. The applicant had been invited by the Tribunal to provide information regarding their course of study and their genuine intention to study in Australia. However, the applicant failed to respond to this invitation. The Tribunal noted that the applicant's previous Diploma of Leadership and Management was not successfully completed, and while the applicant claimed to be enrolled in hospitality courses, no evidence of current enrolment or satisfactory progress was provided.

Given the lack of response to the Tribunal's request for information and the absence of evidence demonstrating current enrolment in a registered course of study, the Tribunal concluded that the applicant had not satisfied the criteria for the Subclass 500 visa. Consequently, the Tribunal affirmed the decision not to grant the visa.