NOH (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, reviewed by the Tribunal. The applicant had not responded to an invitation under s 359(2) of the Migration Act 1958 (Cth) and was therefore not entitled to appear before the Tribunal. The central dispute revolved around whether the applicant met the criteria for the visa, specifically the requirement to be enrolled in a registered course of study at the time of the decision.

The Tribunal was required to determine whether the applicant satisfied the primary criteria for a Subclass 500 visa, as set out in cl.500.211 of Schedule 2 to the Migration Regulations 1994 (Cth). This clause mandates that at the time of the decision, the applicant must be enrolled in a full-time registered course of study. The definition of a "registered course" under r.1.03 of the Regulations refers to a course provided by an institution registered under the Education Services for Overseas Students Act 2000 (Cth).

The Tribunal reasoned that the applicant bore the onus of proving their enrolment to the Tribunal's satisfaction. Despite the applicant's assertion of holding a Confirmation of Enrolment document for several courses, no such documentation was found on the Department's file. Consequently, the Tribunal was not satisfied that the applicant was enrolled in a course of study at the time of the decision, meaning cl.500.211 was not met. As the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal found that the criteria for the grant of the Subclass 500 visa were not met.

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