Munnamgi (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision not to grant this visa. The primary issue before the Tribunal was whether the applicant met the mandatory criteria for the visa, specifically the requirement of being enrolled in a course of study at the time of the decision.

The Tribunal was required to determine if the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which mandates that an applicant for a Subclass 500 visa must be enrolled in a course of study at the time of the decision. The Tribunal also considered the definitions of "course of study" and "registered course" as provided in the Regulations.

During the hearing, the Tribunal discussed the applicant's enrolment status, reviewing their PRISMS record. The applicant confirmed that they were not currently enrolled in a course of study in Australia. Consequently, the Tribunal found that clause 500.211 was not met, as the applicant failed to satisfy this essential criterion for the visa.

As the applicant did not meet the primary criteria for the Subclass 500 (Student) visa and did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the original decision to refuse the visa.