Shrestha (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant sought to challenge the Tribunal's affirmation of the original decision.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 visa, specifically the requirement to be enrolled in a registered course of study. The Tribunal was also required to consider whether it was appropriate to postpone the determination to seek further information from the applicant.

The Tribunal reasoned that enrolment in a registered course of study is a fundamental prerequisite for the grant of a student visa, as stipulated by clause 500.211 of the Regulations. Evidence from the PRISMS search indicated that the applicant was not enrolled in any registered course. Despite being notified of this information and invited to respond, the applicant failed to provide any evidence of current enrolment or complete a requested questionnaire. The Tribunal concluded that it was not appropriate to postpone the determination, given the applicant's lack of engagement and the absence of any evidence supporting their claim for a student visa.

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