Tao (Migration)

This matter concerned an application for review of a decision not to grant a Subclass 500 (Student) visa to a Chinese citizen. The applicant, who had arrived in Australia in June 2015, was seeking to have the decision affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 500 visa, specifically the requirement to be enrolled in a registered course of study. The Tribunal was required to consider the evidence presented by the applicant in response to a notice issued under section 359(2) of the Act, which specifically sought information regarding current enrolment.

The Tribunal noted that a prerequisite for granting a student visa is current enrolment in a registered course of study, as stipulated by clause 500.211 of the Regulations. The applicant's response to the section 359(2) letter, and specifically to a question in the accompanying questionnaire, indicated that he was not currently enrolled in a registered course of study. His listed enrolments were either completed courses or a future English course with past start and end dates, suggesting a typographical error. Given the absence of evidence demonstrating current enrolment, the Tribunal found that the applicant did not meet the primary criteria for the visa.

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