Song (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The dispute centred on whether the applicant met the criteria for this visa, specifically concerning their enrolment in a course of study. The Tribunal was tasked with determining if the applicant had provided sufficient evidence to satisfy the requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant was currently enrolled in a full-time registered course of study, as required by clause 500.211 of Schedule 2 to the Regulations. This clause mandates that an applicant must be enrolled in such a course at the time of the decision. The Tribunal also considered the definition of a "registered course" under the Education Services for Overseas Students Act 2000.

The Tribunal found that there was no evidence before it, either in the Department's file or the Tribunal's own file, to establish that the applicant was currently enrolled in a course of study. This included the absence of a Confirmation of Enrolment or any other supporting documentation. Consequently, the Tribunal was not satisfied that the applicant met the enrolment criterion, nor did the applicant claim to meet alternative visa criteria.

As a result of these findings, the Tribunal concluded that the applicant had not met the criteria for the grant of a Subclass 500 (Student) visa. Accordingly, the Tribunal affirmed the original decision not to grant the visa.