Meng (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision to refuse a Subclass 500 (Student) visa. The applicant had failed to provide requested information within the prescribed period, leading to the delegate's conclusion that the genuine temporary entrant criterion was not met and that the applicant was not currently enrolled in a registered course of study as required.

The primary legal issue before the Tribunal was whether the applicant satisfied the enrolment criterion under clause 500.211 of Schedule 2 to the Migration Regulations 1994. This clause requires an applicant to be enrolled in a full-time registered course of study, which is defined as a course provided by an institution registered under the Education Services for Overseas Students Act 2000. The Tribunal also considered whether the applicant had been given a reasonable opportunity to demonstrate ongoing enrolment.

The Tribunal reasoned that producing evidence of current enrolment is a fundamental requirement for a student visa, signifying a binding commitment to a course of study and a tangible need for the visa. Despite being given a reasonable opportunity to do so, the Tribunal was not satisfied that the applicant had demonstrated she remained enrolled in a course of study at the time of the decision, noting that her enrolment was over twelve months old and there was no confirmation of current enrolment. Consequently, the Tribunal affirmed the delegate's decision.