Richard Gajanayakage (Migration)

The Administrative Appeals Tribunal considered the case of Richard Gajanayakage concerning an application for a Student (Temporary) (Class TU) visa, subclass 500. The applicant's most recent enrolment in a course of study had been cancelled due to non-payment of fees, and the applicant had not responded to an invitation to comment or requested a hearing following this cancellation. The Tribunal was tasked with reviewing the delegate's decision to refuse the visa.

The central legal issue before the Tribunal was whether the applicant satisfied the primary criterion for a Subclass 500 visa, specifically cl 500.211(a) of Schedule 2 to the Regulations. This clause requires that at the time of the decision, the applicant must be enrolled in a full-time registered course of study. The applicant did not contend to meet any alternative criteria.

The Tribunal reasoned that a "registered course" is defined by the Education Services for Overseas Students Act 2000 and its associated regulations, and that the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS), maintained through the PRISMS system, serves as a reliable record of such enrolments. The Tribunal noted that the applicant's Confirmation of Enrolment (CoE) for a Diploma of Hospitality Management was cancelled by the education provider on 28 August 2023. Despite being notified by the Department and given an opportunity to provide a valid CoE or withdraw the application, the applicant failed to respond. Consequently, the Tribunal was not satisfied that the applicant was enrolled in a course of study at the time of the decision, and therefore, cl 500.211 was not met.

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