PANRAT (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought to review the decision to refuse the visa. The core of the dispute revolved around whether the applicant met the primary criterion 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 must be enrolled in a full-time registered course of study. This involved examining evidence of the applicant's enrolment status and considering the implications of previous course cancellations and a lack of response to the Tribunal's requests for further information.

The Tribunal noted that the applicant had initially applied for the visa based on enrolment in a Certificate IV and a Diploma of Marketing and Communication. However, a Provider Registration and International Student Management System (PRISMS) search revealed that the applicant had notified her education provider of her intention to cease these studies in November 2019, and these enrolments were subsequently cancelled. The Tribunal found no recent or cogent evidence to satisfy it that the applicant was currently enrolled in a course of study as required by the regulations. Consequently, the Tribunal concluded that the applicant had not met the criteria for the grant of a Subclass 500 (Student) visa.

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