Ronnachaitana (Migration)

The Administrative Appeals Tribunal considered the case of Ronnachaitana, an applicant for a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the primary criterion of being a genuine applicant for entry and stay as a student, specifically concerning the requirement for enrolment in a course of study.

The legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which mandates that an applicant must be enrolled in a full-time registered course of study at the time of the decision. The applicant contended that she was unable to meet this criterion because her nominated education provider, the Australian College of Vocational Studies, had closed.

The Tribunal found that the applicant confirmed she was not currently enrolled in a course of study. While she stated that an agent had identified another institution, Sydney Business School and Technology, where she might enrol, she provided no documentary evidence to support an imminent or ongoing enrolment. The applicant's evidence indicated that her original course commencement date had been postponed, and she was subsequently informed by her agent that the college had closed due to bankruptcy. The Tribunal accepted that the education provider had closed and was no longer registered. Consequently, the Tribunal concluded that the applicant did not meet the criteria for the grant of a Subclass 500 (Student) visa.

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