LI (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision not to grant a Student (Temporary) (Class TU) visa, Subclass 500 (Student), to the applicant, a 31-year-old male Chinese citizen. The applicant had initially arrived in Australia in 2014 and had applied for a visa to undertake a General English course and a Diploma and Advanced Diploma of Business.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 visa, specifically the requirement to be enrolled in a registered course of study. The Tribunal was required to determine if the applicant had provided sufficient evidence of current enrolment in a registered course, as this criterion is foundational to the consideration of other primary criteria for a student visa.

The Tribunal reasoned that while the applicant had provided a letter from his course provider indicating enrolment, the Confirmation of Enrolment (COE) documents were likely outdated, having been issued nearly two years prior. Crucially, the applicant had not responded to a letter from the Tribunal requesting further information regarding his current enrolment and had not provided any updated confirmation of enrolment. The Tribunal emphasised that without evidence of current enrolment in a registered course, the visa criteria could not be met, and there was no administrative utility in considering other criteria.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, finding that the applicant had failed to meet the essential criteria for the visa.