SHAIK (Migration)

This matter concerned an application for review of a decision not to grant a Subclass 500 (Student) visa. The applicant, Mr. Shaik, sought to have the decision of the Department of Home Affairs reviewed by the Administrative Appeals Tribunal. The primary issue before the Tribunal was whether the applicant met the criteria for a Student visa, specifically concerning his enrolment in a course of study.

The Tribunal was required to determine if the applicant was enrolled in a full-time registered course of study at the time of the decision, as mandated by clause 500.211 of the Migration Regulations 1994. The definition of a "registered course" under regulation 1.03 was also relevant, referring to a course provided by an institution registered to provide such courses to overseas students under the Education Services for Overseas Students Act 2000.

The Tribunal's reasoning focused on the applicant's enrolment status. While the applicant was enrolled in an Advanced Diploma of Business at the time of his hearing, subsequent checks of the Provider Registration and International Student Management System (PRISMS) revealed that this enrolment had been cancelled due to non-payment of fees. The Tribunal issued a section 359A letter to the applicant, informing him of this information and inviting a response. The applicant's response to this letter was not detailed in the provided text, but the Tribunal ultimately found that the applicant was not currently enrolled in a course of study, and the Certificate of Enrolment provided was no longer current.

Consequently, the Tribunal concluded that the applicant did not meet the essential criteria for the grant of a Subclass 500 (Student) visa. As the applicant did not claim to meet the criteria for any alternative visa subclass, the Tribunal affirmed the original decision not to grant the visa.