Radabut (Migration)

This matter concerned an application for a Subclass 500 (Student) visa, where the applicant failed to provide requested information within the prescribed period, leading to the delegate's decision not to grant the visa. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically the enrolment criterion under clause 500.211 of the Regulations. This clause requires that at the time of the decision, the applicant is enrolled in a full-time registered course of study.

The Tribunal considered the evidence before it, including the delegate's decision record. It found no documentation, such as a Confirmation of Enrolment, to satisfy it that the applicant was currently enrolled in a course of study. Consequently, the Tribunal concluded that clause 500.211 was not met. As the applicant did not claim to meet alternative visa criteria, the Tribunal affirmed the delegate's decision not to grant the visa.