MING (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a Subclass 500 (Student) visa application made by a 37-year-old female Chinese citizen. The applicant had arrived in Australia on a visitor visa in December 2017 and applied for a student visa to undertake English courses and a Diploma of Leadership and Management. The primary decision maker had refused the visa, and the applicant sought review of this decision.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 500 (Student) visa, specifically focusing on the requirement to be enrolled in a registered course of study and to be a genuine applicant for entry and stay as a student. The Tribunal also had to consider whether it was appropriate to postpone the determination to request further information from the applicant, given her lack of response to previous requests.

The Tribunal reasoned that a current confirmation of enrolment in a registered course of study is a fundamental prerequisite for a student visa. The applicant had provided no evidence of current enrolment, and any confirmation of enrolment from 2018 would be out of date. Despite being issued a letter under s359(2) of the Migration Act 1958 (Cth) requesting information about her enrolment and a completed questionnaire, the applicant had failed to respond. The Tribunal concluded that it was not appropriate to postpone the determination, as the applicant had not demonstrated any intention to provide the necessary evidence. The Tribunal found that the primary criteria for the visa were not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.