Tamrakar (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking review of a decision not to grant a Subclass 500 (Student) visa. The central dispute revolved around whether the applicant met the criteria for this visa, particularly concerning their enrolment in a registered course of study.

The Tribunal was required to determine if the applicant satisfied the primary criteria for a Subclass 500 visa, specifically clause 500.211 of the Regulations, which mandates enrolment in a full-time registered course of study at the time of the decision. The Tribunal also had to consider the implications of the applicant's failure to respond to invitations to provide information and comment on evidence suggesting non-enrolment.

The Tribunal reasoned that clause 500.211(a) requires an applicant to be enrolled in a course of study, defined as a "full-time registered course." Information obtained from the PRISMS record indicated that the applicant was not currently enrolled in such a course, and no evidence was provided by the applicant to contradict this. The Tribunal had previously invited the applicant, under section 359(2) of the Migration Act 1958 (Cth), to provide information regarding their enrolment and genuine temporary entrant status, with a deadline of 16 December 2021. The applicant failed to respond to this invitation, even after an extension was requested. Subsequently, under section 359A, the Tribunal invited the applicant to comment on the PRISMS record indicating non-enrolment. Again, the applicant did not respond. The Tribunal concluded that, in the absence of any evidence of current enrolment and given the applicant's failure to engage with the Tribunal's requests, the criteria for the visa were not met.

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