Qian (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Qian, an applicant for a Subclass 500 (Student) visa. The dispute centred on whether Mr. Qian met the genuine temporary entrant criterion, specifically the requirement of being enrolled in a registered course of study at the time of the Tribunal's decision.

The primary legal issue before the Tribunal was to determine if Mr. Qian satisfied clause 500.211 of Schedule 2 to the Regulations, which mandates that an applicant for a Subclass 500 visa must be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also had to consider the definition of a "registered course" as provided by the Education Services for Overseas Students Act 2000.

The Tribunal reasoned that producing evidence of current enrolment is a fundamental prerequisite for granting a student visa, as it signifies a legally binding contract with a registered provider and is a condition that must be maintained throughout the visa's validity. Without evidence of current enrolment, the Tribunal concluded it could not be satisfied that the criterion in clause 500.211 was met. In this instance, Mr. Qian had indicated he had not completed his proposed English course and had not commenced the Diploma of Leadership and Management, confirming he was not currently enrolled in a registered course of study. As no cogent evidence of current enrolment was presented, the Tribunal affirmed the decision under review.