Manoi (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant her a Student (Temporary) (Class TU) visa, subclass 500. The applicant, a Thai citizen, had applied for the visa to undertake a General English course. The delegate's decision had noted that the applicant's proposed course completion date was December 2020, indicating that the course would have been completed eighteen months prior to the Tribunal's consideration of the matter. The Tribunal also noted that the applicant's partner was a secondary applicant for the same visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Student visa, specifically the requirement to be enrolled in a registered course of study. This criterion is contained in clause 500.211 of the Migration Regulations. The Tribunal was required to determine if there was sufficient evidence of current enrolment and if the applicant had satisfied the genuine temporary entrant requirements.

The Tribunal reasoned that for a student visa to be granted, evidence of current enrolment in a registered course of study is a fundamental prerequisite. The Tribunal noted that the applicant had not provided any current Confirmation of Enrolment (COE) for any course. Furthermore, the applicant had failed to respond to a section 359(2) invitation from the Tribunal, which had specifically requested information regarding her enrolment status and included a questionnaire designed to elicit details about this criterion. The Tribunal concluded that without evidence of current enrolment, the primary criterion for a student visa was not met, rendering further consideration of other criteria unnecessary. The Tribunal also considered whether to postpone its decision and request further information but determined this would not be appropriate given the lack of response and the time elapsed since the initial application.

Consequently, the Tribunal affirmed the decisions not to grant the applicants their Student (Temporary) (Class TU) visas, finding that the criteria for the grant of such visas were not met.