Low (Migration)

This matter concerned an application for review of a decision not to grant a Subclass 500 (Student) visa to a Malaysian citizen. The applicant sought to undertake a Certificate IV and a Diploma in Leadership and Management. The primary issue before the delegate was whether the applicant met the genuine temporary entrant criteria. On review, the central question for the Tribunal was whether the applicant satisfied the enrolment criteria for the visa.

The Tribunal was required to determine if the applicant met the criteria set out in clause 500.211 of Schedule 2 to the Regulations, which mandates that at the time of the decision, the applicant must be enrolled in a full-time registered course of study. The applicant did not claim to meet any alternative criteria. The Tribunal also considered whether the applicant had provided requested information within the prescribed period, noting that failure to be enrolled in a registered course could lead to the affirmation of the decision under review.

The Tribunal reasoned that the applicant had not satisfied the enrolment criteria. While the applicant provided a completed Student Visa Information form on 30 October 2023, disclosing that he had completed the Certificate IV between May 2021 and May 2023 and was currently undertaking the Diploma, the Tribunal found this insufficient. The Tribunal noted that the request for information was sent on 16 October 2023, and the applicant's disclosure indicated he was not enrolled in a registered course at the time of the Tribunal's request, nor at the time of the decision. The Tribunal affirmed the decision not to grant the visa.