Thapaliya (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Subclass 500 (Student) visa. The primary dispute concerned whether the applicant satisfied the criterion of being enrolled in a registered course of study at the time of the Tribunal's decision, as required by clause 500.211 of Schedule 2 to the Regulations.

The Tribunal was required to determine if the applicant was enrolled in a "full-time registered course" as defined by the Regulations. This involved examining the applicant's Confirmation of Enrolment (CoE) and assessing whether her enrolment in the Diploma of Business had extended beyond its stated end date of 8 May 2020, particularly in light of her admission that she had not submitted a final assessment task due to unpaid tuition fees.

The Tribunal reasoned that the applicant's CoE indicated her enrolment concluded on 8 May 2020, and there was no evidence presented to suggest this enrolment was extended by the course provider. Furthermore, the applicant's inability to submit her final assessment task due to outstanding fees, as understood by the Tribunal, did not establish a valid continuation of her enrolment past the course completion date. Consequently, the Tribunal found that the applicant had not satisfied the enrolment criterion for the Subclass 500 visa.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa, as the primary criteria for the visa were not met.