Prapawong (Migration)

The Administrative Appeals Tribunal considered the case of Prapawong, an applicant for a Subclass 500 (Student) visa. The dispute concerned whether the applicant met the criteria for the visa, specifically the requirement to be enrolled in a course of study. The Tribunal's decision was made by Member Darren Renton.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered whether the applicant was a genuine entrant as a student, given her academic history.

The Tribunal reasoned that the applicant had failed to provide evidence of her current enrolment in a course of study. Despite being requested to do so, the applicant did not furnish a current confirmation of enrolment or a letter of offer from an education provider. Furthermore, a review of the applicant's PRISMS report indicated that her previous enrolments in a Certificate IV, Diploma, and Advanced Diploma of Human Resources were cancelled on 29 November 2018 due to non-payment of fees and non-commencement of studies. No subsequent enrolments had been made. Consequently, the Tribunal was not satisfied that the applicant was enrolled in a course of study at the time of the decision, and therefore, clause 500.211 was not met.

As the primary applicant did not meet the criteria for the grant of a Subclass 500 visa, the secondary applicant also failed to meet the relevant criteria. Accordingly, the Tribunal affirmed the decision not to grant the applicants Student (Temporary) (Class TU) visas.