Riaz (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the primary criteria for the visa, specifically the requirement to be enrolled in an approved course of study at the time of the decision.

The Tribunal was required to determine if the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which mandates enrolment in a course of study at the time of the decision. The definition of "course of study" under clause 500.111 requires it to be a "full-time registered course," with "registered course" defined by regulation 1.03 as a course provided by an institution registered to offer such courses to overseas students.

The Tribunal reasoned that while the applicant had provided a letter of offer for a Bachelor of Business course commencing in May 2018, this did not constitute enrolment. The applicant had not been enrolled in a course of study at the time of the Department's decision or at the time of the Tribunal's decision. The Tribunal acknowledged the applicant's explanations for the lack of enrolment, including a family crisis and difficulties in securing a place at a college, but concluded that these circumstances did not alter the fundamental requirement of current enrolment.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, as the applicant failed to meet the essential criterion of being enrolled in an approved course of study at the time of the decision.