LIM (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision to refuse a Subclass 500 (Student) visa. The central dispute concerned whether the applicant met the genuine temporary entrant criterion, specifically the requirement to be enrolled in an approved course of study.

The Tribunal was required to determine if the applicant satisfied the criteria for a Subclass 500 visa, as set out in Schedule 2 of the Migration Regulations 1994. The primary issue was whether the applicant was enrolled in a "full-time registered course" at the time of the decision, as stipulated by clause 500.211(a) and defined in clause 500.111 of the Regulations.

The Tribunal noted that the applicant had been invited to provide a Certificate of Enrolment (COE) or other proof of current enrolment for a hearing scheduled for 17 December 2018, but failed to do so. The applicant also indicated they would not attend the hearing. Subsequently, the Tribunal provided the applicant with particulars of information, including the lack of a COE, the decision not to attend the hearing, and information from the Provider Registration and International Student Management System (PRISMS) indicating no current enrolment. The applicant was advised that this information suggested they did not meet the requirement of being enrolled in an approved course of study, which is a prerequisite for a Student visa, and that this could lead to the decision under review being affirmed.

Given the applicant's failure to provide evidence of enrolment and the information indicating a lack of current enrolment, the Tribunal concluded that the criteria for the grant of a Subclass 500 (Student) visa were not met. Accordingly, the Tribunal affirmed the decision not to grant the applicant the visa.