Solis (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse a Subclass 500 (Student) visa to a Filipino citizen. The applicant had arrived in Australia on a visitor visa in July 2018 and subsequently applied for a student visa to undertake English language and IELTS courses, with the proposed study period concluding in January 2020. The Tribunal was tasked with determining whether the applicant met the criteria for the grant of this visa.

The primary legal issue before the Tribunal was whether the applicant was currently enrolled in a registered course of study, as required by clause 500.211 of the Migration Regulations 1994. This criterion is considered a foundational requirement for the grant of a student visa, and the Tribunal noted that consideration of other primary criteria is premised on its satisfaction. The Tribunal also considered whether it was appropriate to postpone its determination to request further information from the applicant regarding their enrolment.

The Tribunal reasoned that the applicant had not provided any evidence of current enrolment in a registered course of study. The proposed course completion date had already passed, and no confirmation of enrolment for the original or any alternative course was before the Tribunal. Despite a letter issued under section 359(2) of the Migration Act 1958 requesting information about enrolment and a related questionnaire, the applicant had not responded or made any submissions since lodging their review application. The Tribunal concluded that it would not be appropriate to postpone the determination, as the applicant had failed to provide the necessary evidence of enrolment, which is a prerequisite for the visa.

Consequently, the Tribunal found that the applicant did not meet the criteria for a Subclass 500 (Student) visa. As the applicant did not claim to meet the criteria for any other visa class, the Tribunal affirmed the decision under review.