SIMON (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether the applicant met the criteria for this visa, specifically concerning their enrolment status in a course of study.

The Tribunal was required to determine if the applicant was enrolled in an approved course of study at the time of the decision, as mandated by clause 500.211 of the Migration Regulations 1994. This clause defines an approved course of study as a "full-time registered course," with "registered course" referring to a course provided by an institution registered to offer such courses to overseas students. The Tribunal also considered the applicant's request for an adjournment to re-enrol in a course.

The Tribunal noted that the applicant had been invited to provide a Confirmation of Enrolment (COE) or other evidence of current enrolment prior to a hearing. The applicant failed to submit a COE. At the hearing, the applicant did not provide evidence of enrolment, instead explaining difficulties with a previous Master of Business program, a deferment due to personal circumstances, and a cancellation of enrolment in a subsequent Bachelor of Early Childhood Education due to non-payment of fees. The applicant requested a one-month adjournment to re-enrol and seek financial assistance from family, also stating they had been employed part-time.

Ultimately, the Tribunal found that the applicant had not satisfied the criteria for the grant of a Subclass 500 (Student) visa, as they were not enrolled in an approved course of study at the time of the decision. Consequently, the Tribunal affirmed the original decision not to grant the visa.