SHEN (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute arose because the applicant failed to provide evidence of current enrolment in a course of study, a primary criterion for the visa. The Tribunal also noted that the applicant did not respond to a letter issued under section 359(2) of the relevant legislation.

The central legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically clause 500.211, which requires the applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal was required to determine if the evidence before it established this enrolment.

The Tribunal reasoned that clause 500.211 of Schedule 2 to the Regulations mandates enrolment in a full-time registered course. It found no evidence in the Department's file or the Tribunal's file, such as a Confirmation of Enrolment, to demonstrate that the applicant was currently enrolled. Consequently, the Tribunal was not satisfied that the applicant met this essential criterion for the visa.

As the applicant failed to satisfy the primary criteria for the Subclass 500 (Student) visa, and did not claim to meet alternative visa categories, the Tribunal affirmed the decision not to grant the visa. The Tribunal therefore affirmed the decision under review.