MEHTA (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 500 (Student) visa. The applicant sought to undertake a Bachelor of Business Management. The primary issue before the Tribunal was whether the applicant satisfied the criteria for the visa, specifically clause 500.211 of Schedule 2 to the Regulations, which requires the applicant to be enrolled in a course of study at the time of the decision.

The Tribunal was required to determine if the applicant met the enrolment requirements stipulated by clause 500.211(a) of the Regulations. This clause mandates that an applicant must be enrolled in a "full-time registered course" at the time of the decision. The applicant had not provided a current Confirmation of Enrolment (CoE) with his visa application, instead submitting a letter of offer. While the applicant later provided CoEs for previous courses, the Tribunal noted that the latest CoE presented indicated a course completion date of 6 August 2017, which was prior to the Tribunal's hearing.

The Tribunal reasoned that the applicant's failure to provide evidence of current enrolment in a full-time registered course at the time of the decision was a critical deficiency. The applicant acknowledged that he had not provided a current CoE because he was awaiting visa approval, and that his last enrolment had ceased in August 2017. The Tribunal also noted that the applicant had failed to comply with a request to provide a current CoE prior to the hearing. Consequently, the Tribunal found that the applicant had not met the essential criteria for the grant of a Subclass 500 visa.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.