Sourabh Kumar (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant, Sourabh Kumar, did not respond to communications from the Tribunal requesting further information relevant to the review. The Tribunal was therefore required to determine whether the applicant met the criteria for the visa based on the information available.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.211 of Schedule 2 to the Regulations, which requires an applicant to be enrolled in a full-time registered course of study at the time of the decision. The Tribunal also considered whether the applicant met the criteria for a Subclass 590 (Student Guardian) visa, which the applicant did not claim to satisfy.

The Tribunal reasoned that to satisfy clause 500.211, the applicant needed to provide proof of current enrolment in a registered course. While the Department file indicated a previous enrolment in a Diploma of Automotive Management, there was no evidence before the Tribunal demonstrating that the applicant had completed this course or enrolled in a subsequent registered course. As the applicant failed to provide any evidence of current enrolment and did not respond to the Tribunal's invitation for information, the Tribunal was not satisfied that clause 500.211 was met. Consequently, the Tribunal found that the criteria for the grant of a Subclass 500 (Student) visa were not met.

The Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.