Promketh (Migration)

This matter concerned an appeal by an applicant, a national of Thailand, against the affirmation of a decision to refuse a Subclass 500 Student visa. The applicant had previously been granted a Student visa in 2012. In support of his current application, he provided a Letter of Offer for a Certificate IV in Marketing and Communication and a Diploma of Marketing and Communication. However, he failed to provide the Department with requested evidence of his financial capacity. Furthermore, information from the Provider Registration and International Student Management System (PRISMS) indicated a history of cancelled enrolments due to unsatisfactory attendance, non-commencement, and non-payment of fees, with no completed courses since December 2015.

The primary legal issue before the Tribunal was whether the applicant met the enrolment requirements for a Subclass 500 Student visa at the time of the decision. Specifically, the Tribunal had to determine if the applicant satisfied clause 500.211 of Schedule 2 to the Regulations, which requires an applicant to be enrolled in a full-time registered course of study. The Tribunal also considered whether the applicant had demonstrated genuine access to funds, although the lack of enrolment was identified as a critical factor.

The Tribunal reasoned that undertaking study or enrolment in a course is a threshold requirement for the grant of a Subclass 500 visa. The applicant had not responded to the Tribunal's invitation to comment on the information regarding his PRISMS records or to provide further supporting information. Based on the evidence, the Tribunal found that the applicant was not currently enrolled in a course of study and had not completed any courses since December 2015. There was also no evidence of a current offer of enrolment. Consequently, the Tribunal concluded that clause 500.211 was not met, and therefore, the criteria for the grant of the visa were not satisfied.

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