Marahar (Migration)

The applicant, Marahar, sought review of a decision to refuse a Subclass 500 (Student) visa. The primary issue before the Administrative Appeals Tribunal was whether the applicant met the genuine temporary entrant criterion, as assessed by the original delegate. However, during the hearing, the determinative issue shifted to the applicant's enrolment in an approved course of study.

The Tribunal was required to determine if the applicant satisfied the enrolment requirements stipulated in clause 500.211 of Schedule 2 to the Migration Regulations 1994, which mandates that the applicant be enrolled in a registered full-time course of study at the time of the decision. The applicant confirmed understanding that this enrolment criterion had become the determinative issue.

The applicant explicitly stated to the Tribunal that they had chosen not to enrol in a course, electing to wait for the outcome of the visa application to avoid enrolment fees. This admission directly addressed the requirement under clause 500.211(a) that the applicant be enrolled in a course of study. As the applicant did not claim to meet any alternative criteria for enrolment, the Tribunal found that the applicant failed to satisfy this essential requirement for the visa. The Tribunal affirmed the decision to refuse the visa.