POMSUWAN (Migration)

This matter concerned an appeal to the Tribunal regarding a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant sought to remain in Australia as a student.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically clause 500.211 of Schedule 2 to the Regulations, which requires the applicant to be enrolled in a full-time registered course of study at the time of the decision.

The Tribunal considered the applicant's stated enrolment history, which indicated a pattern of multiple uncompleted or uncommenced courses since 2014, including a Certificate IV of Accounting, a Diploma of Accounting, and an Advanced Diploma of Accounting. The Tribunal noted that the applicant had not selected the "Studying now" option for her most recent listed enrolment. Based on this evidence, the Tribunal concluded that there was insufficient recent and cogent evidence to satisfy it that the applicant was currently enrolled in a course of study as required by clause 500.211.

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