Mann (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a decision not to grant the applicant a Subclass 500 (Student) visa. The primary issue before the delegate had been whether the applicant met the genuine temporary entrant criteria, but it became apparent during the hearing that the applicant failed to satisfy other essential criteria for a student visa.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 500 (Student) visa, specifically focusing on the requirement for enrolment in a registered course of study. Clause 500.211 of Schedule 2 to the Regulations mandates that an application for a student visa must be supported by evidence of the applicant's enrolment in a course of study at the time of the decision. A "course of study" is defined as a full-time registered course provided by an institution registered under the Education Services for Overseas Students Act 2000 (Cth).

The Tribunal reasoned that producing evidence of current enrolment is a fundamental prerequisite for obtaining a student visa, as it signifies a legally binding contract between the applicant and a registered course provider. This contract establishes mutual obligations, including the provider's duty to deliver education and the applicant's obligation to pay for and complete the course. The absence of such evidence indicates a lack of a present and operating commitment to study, which is persuasive evidence of a tangible and immediate need for a student visa. In this instance, the applicant did not present evidence of current enrolment in a registered course of study, nor did they claim to meet any alternative criteria.

Consequently, the Tribunal found that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa. As the applicant also did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the decision under review was affirmed.