Stevenson (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant sought to satisfy the primary criteria for the visa, which included demonstrating current enrolment in a course of study. The decision under review was made by the Tribunal, presided over by Member Mark Bishop.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirement under clause 500.211(a) of Schedule 2 to the Regulations, which mandates that an applicant be enrolled in a full-time registered course of study at the time of the decision. The Tribunal was required to determine if the evidence provided by the applicant constituted sufficient proof of such current enrolment.

The Tribunal reasoned that while the applicant had provided a letter of offer and a Certificate of Enrolment (COE) for a Diploma of Leadership and Management, these documents were not considered proof of current enrolment, particularly as the stated course end date had passed. The Tribunal had requested further proof of current enrolment from the applicant, but no response was received, and no current COE or other evidence of enrolment was provided. Consequently, the Tribunal was not satisfied that the applicant met the requirement of current enrolment in a course of study as stipulated by clause 500.211(a).

As the applicant failed to satisfy this essential criterion, the Tribunal affirmed the decision not to grant the Subclass 500 (Student) visa.