Lin (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Subclass 500 (Student) visa. The applicant sought review of the delegate's decision to refuse the visa. The Tribunal considered the matter on the papers, with the applicant having consented to this procedure.

The central legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 visa, specifically concerning her enrolment status in a registered course of study. The Tribunal was required to determine if the evidence before it established that the applicant was enrolled in a course at the time of the decision.

The Tribunal noted that the applicant had provided a Confirmation of Enrolment for an Advanced Diploma of Leadership and Management at St. Peter’s Institute, with a course period ending in September 2018. While the applicant later stated she had a "current Confirmation of Enrolment" and referred to undertaking the Advanced Diploma, she provided no further Confirmation of Enrolment. The Tribunal found that the only evidence of enrolment for that specific course indicated it had concluded and the applicant was not currently enrolled. Consequently, the Tribunal concluded that the criteria for the visa were not met.

The Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.