Lim (Migration)

This matter concerned an application for review of a delegate's decision to refuse a Subclass 500 (Student) visa. The applicant was the primary applicant for the visa, with a secondary applicant also included in the application. The core dispute revolved around whether the primary applicant met the criteria for the visa, specifically the requirement to be enrolled in a registered course of study.

The Tribunal was required to determine whether the primary applicant satisfied the criteria for a Subclass 500 (Student) visa, as set out in Schedule 2 of the Regulations. This involved assessing whether the applicant was enrolled in a full-time registered course of study at the time of the decision, as stipulated by clause 500.211. The Tribunal also considered whether the applicant had forfeited their entitlement to a hearing by failing to provide requested information.

The Tribunal reasoned that clause 500.211 of the Regulations mandates that an applicant must be enrolled in a registered course of study at the time of the decision. A "registered course" is defined as one provided by an institution registered under the Education Services for Overseas Students Act 2000. The Tribunal had requested information from the applicant regarding their course enrolment pursuant to section 359(2) of the Act, with a deadline of 23 January 2019. The applicant failed to provide this information or request an extension. Consequently, the Tribunal found that the applicant was not entitled to appear before it, as per section 359C and 360(3) of the Act, and that the Tribunal had no power to permit a hearing in such circumstances, referencing *Hasran v MIAC* [2010 FCAFC 40. Based on the available evidence, the Tribunal was not satisfied that the applicant was enrolled in a registered course of study, meaning clause 500.211 was not met.

The Tribunal affirmed the delegate's decision not to grant the Subclass 500 (Student) visa to the primary applicant, and by extension, the secondary applicant, as the primary criteria were not satisfied.