Shrestha (Migration)

The Administrative Appeals Tribunal considered the case of Shrestha, an applicant for a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the criteria for the visa, specifically concerning their enrolment in a registered course of study. The Tribunal was tasked with reviewing a previous decision that affirmed the refusal of the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered the significance of this enrolment criterion in the context of a student visa application.

The Tribunal reasoned that evidence of current enrolment in a registered course of study is a critical prerequisite for obtaining a student visa. Such enrolment signifies a present and operating commitment by the applicant to undertake a course of education or training, and it is a condition that must be maintained throughout the validity of the visa. The Tribunal noted that the definition of a "registered course" refers to a course provided by an institution registered under the Education Services for Overseas Students Act 2000 (Cth). As the applicant did not provide evidence of current enrolment in a registered course, they failed to satisfy the primary criterion under clause 500.211. The Tribunal concluded that without satisfying this foundational requirement, there was no administrative utility in considering other primary criteria for the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.