Sonaruea (Migration)

The Administrative Appeals Tribunal considered the case of Sonaruea, a 31-year-old Thai citizen seeking review of a decision not to grant her a Subclass 500 (Student) visa. The applicant had arrived in Australia in 2008 and was required to demonstrate current enrolment in a registered course of study as a primary criterion for the visa.

The central legal issue before the Tribunal was whether the applicant met the enrolment criterion stipulated in clause 500.211 of the Migration Regulations 1994. This criterion is a prerequisite for the consideration of other primary criteria for a Student visa. The Tribunal was required to determine if the applicant had provided sufficient evidence of current or future enrolment in a registered course of study.

The Tribunal reasoned that a Confirmation of Enrolment (CoE) demonstrating current enrolment is fundamental to a student visa application. The applicant's response to a section 359(2) notice indicated she was not currently enrolled. While she initially answered "yes" to having a current CoE in a questionnaire, subsequent details provided contradicted this. The applicant listed only a past Associate Degree of Culinary Management (September 2017 to August 2019) which she stated she did not complete. Furthermore, a previously supplied CoE for a Bachelor of Culinary Management, due to commence in September 2019, was not listed as a current or future enrolment and was dependent on the successful completion of the Associate Degree, which she did not achieve. The Tribunal also noted this Bachelor's CoE was outdated. Absent evidence of current or future enrolment, the Tribunal concluded the primary criterion was not met.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa, as the criteria for the visa were not met.