Tan (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding the refusal of a Subclass 500 (Student) visa. The applicant sought to challenge the decision to affirm the refusal of their visa application.

The primary legal issue before the Tribunal was whether the applicant met the criterion of being enrolled in a course of study at the time of the decision, as required by clause 500.211(a) of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant for a Subclass 500 visa must be enrolled in a full-time registered course of study.

The Tribunal noted that the applicant had not provided any information in response to its invitation to supply details about their enrolment and stay in Australia, despite being given ample opportunity to do so. Furthermore, records from the Provider Registration and International Student Management System (PRISMS) indicated that the applicant did not have a current Confirmation of Enrolment (CoE). Based on this lack of evidence of current enrolment and the applicant's failure to respond to the Tribunal's requests, the Tribunal concluded that the applicant had not satisfied the enrolment requirement under clause 500.211(a). Consequently, the Tribunal affirmed the decision not to grant the visa.